HELP law governing FanFilm? PLEASE & THANK YOU

L

londonvillamayor

Power Ranger fans anyone...

Here's my sitch. I've completed a feature length screenplay loosely based on the original Mighty Morphin Power Rangers which will use established heroes, villians, etc. After much deliberation [and public response], I have decided to move forward to produce this labor of love film project.

Being a former film student, I am aware that there are copyright laws governing the use of entities for fan films, however all of which seem very grey. I'm here hoping that someone in cyber-land can assist in providing me with information as to what legal rights I have as a film-maker so as not to infringe upon the Disney coporations' ownership of the Power Ranger Franchise.

Furthermore I am in search of an amazingly talented production team willing to work gratis [credit/copy]. Most importantly CGI ANIMATORS, SFX, Costume Construction, Prosthetics, Set Designers, Cinematographers, Technicians... basically an entire crew.

For information about the project visit www.myspace.com/mmpr_thecore


PLEASE & THANK YOU

londonvillamayor
 
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I'm also making a fan film and this is how I understand it.

Basically, it's their property. They hold all the cards.

They can stop you showing it anywhere. However, as long as you aren't making ANY money and your film doesn't damage their property, 'most' companies see it as free fan publicity.

If all you're doing is showing it on the web for FREE, they'd have to go well out of their way to shut you down, and look a bit like kill joys if they did (something Disney isn't afraid of doing).

So in short, you have no rights, but 'they' usually (often) let you show your fan film online as long as you aren't making any money.

If you try and make any money out of it, even to recoup your losses, expect a letter.
 
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I think it'll help if we do a little translation of your terminology into terms that the industry will understand:

I've completed a feature length screenplay loosely based on the original Mighty Morphin Power Rangers which will use established heroes, villians, etc. After much deliberation [and public response], I have decided to move forward to produce this labor of love film project.
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TRANSLATION: I've already violated the copyright of Disney's multi-million dollar, global TV franchise by writing a script without having acquired the rights... and now I intend to compound that act of intellectual property theft by making a film and distributing it.

I am aware that there are copyright laws governing the use of entities for fan films, however all of which seem very grey. I'm here hoping that someone in cyber-land can assist in providing me with information as to what legal rights I have as a film-maker so as not to infringe upon the Disney corporations' ownership of the Power Ranger Franchise.
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TRANSLATION: Somebody somewhere has assured me that putting the words "fan film" on my production will act as a magical shield against the lawyers of the Disney and I was really, really hoping this is true.

OK translation over...

Basically fan films are no different to any other copyright violation... there is no grey area... and, if Disney even suspect you're either seeking payment or passing off or bringing their brand into disrepute they will descend on you like a pack of hyenas... and not the giggling cartoon hyenas either... the very polite, but immovable suit wearing variety who'll casually threaten to bankrupt you variety.
 
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Thank You

Would anyone know the propper channels to obtain the rights or how sell to Disney. I'm not exactly sure they whether or not they would even consider this screenplay seeing as though my version breaks their "cookie cutter" image. However, if picked up by Disney it would have amazing production values but at the sacrifice of a grittier content.

I've created new characters and an intricate backstory that was non-existant for previous characters, I wanted to make the idea an epic legend considering so many of us grew up wanting to be them. I got to relive my childhood writing this screenplay and I wanted to be able to see this production through from start to finish.

Anyways, trying to obtain rights or selling to Disney.

PLEASE & THANK YOU.
 
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I applaud your enthusiasm... all screenwriters need than kind of self belief.

It's not completely impossible to get your project into Disney... if your script and concept represent an opportunity for Disney to relaunch the Power Rangers franchise, the way that Transformers has been reinvented. They may not even balk at the grittier approach.

There are however a couple of hurdles for you to cross if you're going to pitch this to the majors:

Firstly, you need to be sure that the script you've written meets the Hollywood baseline for competence as a screenwriter... and, the bad news is 98% of the scripts in circulation aren't.

So, the first thing I think you should do is read this Script Checklist ... and unless you can say an definite YES to all sixty-one points you shouldn't be pitching your project... yet.

Second point is, this is a tricky pitch... and really you'll have to sell two things, your concept and your ability to deliver a killer script of no more than 117 pages.

So, I think the next step is actually getting your concept into a short treatment/long treatment or ten pages - fifty pages.

The ten pages have to the most exciting concept a Disney exec has ever read... and they have to believe that they'll be able to make offensive amounts of money off it. The fifty page treatment should show the full extent of the story and the fantastic roller-coaster ride the audience is going to have. The main points your fifty pages will have to show is the protagonist's story arc; a strong inciting incident; an evolution and development of the characters as the story progresses; conflicts overcome; characters who run away from their true path only to be brought back to it; and, because this is an action movie eight set piece action sequences that rock everyone's world because they've never seen anything like it... and there also has to be a dog in it who isn't ever harmed in the carnage.

To sell yourself as a writer you need to have a complete script, that is so great no reader can put it down... and a sample of ten pages which proves to them that your script is worth reading. In those ten pages I'd need to see Hollywood standard formatting, action descriptions that allow me to visualize the movie without telling me how it's directed, clear characters that are obviously and clearly differentiated ... and, the best dialogue ever written, where every line carries the subtextual emotional journey in counter point to the action. At the end of the ten pages, I'd expect to want to see the rest of the film... to know the protagonist inside and out... to know the antagonist inside and out... to understand the world they live in inside and out... and for the protagonist to have been forced into his journey through the film. I also should also care enough about the protagonist to want to know what happens to him or her for the next 90 minutes.

Once you've got all of those prepared your only route into Disney is going to be via a serious agent... and the way you find that agent is by subscribing to the Hollywood Creative Directory

There is an irony in this process... if you wanted a job as a TV writer you'd be expected to write a spec script for an existing show to send to an agent before you'd be allowed to pitch original material. However, in the film industry it's the other way round.

Your biggest problem is this... every fan in the world has a great idea for an episode of their favorite series (trust me, I have a great Star Trek TNG episode smashing around in my head)... however, there is a huge difference between have a cool idea and having a great film... and a massive chasm between having a cool fan idea and a huge Hollywood Blockbuster script.

So, I do wish you all the best... but at the same time I'm also telling you that the only way you can guarantee to ever see this film made is to break the law and make it yourself as a fan film.
 
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clive said:
Basically fan films are no different to any other copyright violation... there is no grey area... and, if Disney even suspect you're either seeking payment or passing off or bringing their brand into disrepute they will descend on you like a pack of hyenas... and not the giggling cartoon hyenas either... the very polite, but immovable suit wearing variety who'll casually threaten to bankrupt you kind.
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Yep I agree, I think that's roughly what I said. I think the three main thing to remember when making a fan film are:
1. Don't make ANY money.
2. Don't damage their property (e.g. as an extreme example - make a porn version)
3. Don't make ANY money.
And even after that you're still legally in the wrong and relying on the company's discretion.

Regards getting your script into Disney. You also have to bear in mind that a lot of franchises are part of a larger global merchandising strategy. So no mater how good your script is if it doesn't fit in with that, it won't have a chance. Power Rangers especially would come under this, because lets face it all the re-inventions are just excuses to sell new toys.

With my own project I have set my aims in this order:
1. Make a cool film for my showreel.
2. Make a cool film I can show for FREE online.
3. Make a cool film that's so good that the license holders also like it and perhaps get behind in some way.
I think the first two are achievable with the third being the dream for most fan films.
 
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Steven, I completely agree...

What people forget is it's almost impossible to live in the 21st Century and not violate the digital copyright act every single day.

The only grey area is the area between what's illegal and what enforced.

Fan films exist in the "not enforced" category at the moment... but it's a case by case study and the more attention a film gets the greater the risk.

I'm a lot more cautious about this stuff since Dreamworks forced me to close down my $1000Spielberg website, even though it was about micro-budget film making and never even mentioned Spielberg. What happened to me, was I got to the point where I was getting higher up the google rankings than Dreamworks... the second that happened I had a lawyer calling me and the site was gone three weeks later.

I think the problem with fan films is they are sort of self defeating if your intention is to get industry recognition... because they only avoid legal wrangles because they stay below the radar. If you make something that is credible and therefore a potential threat you are inviting legal action... therefore, they invite failure.
 
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I have a question/observation regarding this "submitting to Disney" idea. It seems like you cannot file for a copyright on a script that violates someone else's copyright, so wouldn't you have to submit an uncopyrighted script, and isn't that like giving Disney your idea? This sounds like a catch 22 to me. If I believed in my story that strongly, I think I'd rewrite it with original characters, get it copyrighted, then start marketing it or looking at self production.
 
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You wouldn't submit the script, ideally you would want to get a meeting to pitch them the idea. ;) Submitting a synopsis might work for that, but as clive said the best route would be through an agent.

At any rate, I would think that Breakfast With Sharks would help.
 
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What about a fan film that was a conversion from printed material, like a novel, instead of a series or former film?

I am trying to adapt a book into a fan film, and am not sure what the legal standing is on that... I'm not manipulating any of the characters, and the film will follow the book as closely as possible on such a low budget. Any idea what the policy is on that? It's a little hard to pitch a screenplay to Tor Books. :)
 
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Will Vincent said:
You have to get permission from the author and/or publisher, unless it's old enough to be out of copyright.
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So with the author being deceased, most likely the publisher?

I know it's an odd question to add into someone else's thread, but since this was already a Fan Film thread, I figured it was better than cluttering up the rest of the board :)
 
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Will Vincent said:
It would depend on who owns the copyright, I think copyrights pass on to next of kin but I'm not certain. If the author has been dead for more than 20 years though the book may be in the public domain.

This would be a good starting point for your search: http://www.copyright.gov/circs/circ22.html
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Awesome! Thanks, Will Vincent :D The author passed quite recently, so this isn't something I'd want to go to the family with any time soon, but it's a project we've had on the back burner for a while, and I was curious about the legal ramifications of actually pursuing it.
 
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The other thing to consider is that while it's likely the book isn't in the public domain, you may be able to purchase the rights to do an adaptation for a reasonable fee -- especially if it's a lesser known book or older title.
 
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It would depend on who owns the copyright, I think copyrights pass on to next of kin but I'm not certain. If the author has been dead for more than 20 years though the book may be in the public domain.
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International copyright law was standardized about eight years ago... so now it's always 75 years after the death of the author until the book goes into public domain.

If the author is recently deceased chances are their agent is still managing the assets.
 
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