More on Using Cpoyrighted Materials Within a Script.

[Birdman]

I've watched several shows that have included references to past movies. I just watched an episode of "Revolution". One of the characters is named "Monroe" and he's pretty much a bad ass. Several characters were cornered by some bad guys. This Monroe character slides out of the shadows and quickly kills the bad guys one by one. The other characters were shocked to see the bad guys killed so quickly by some mysterious man ...and then Monroe pops up and says, "I'm Batman!".

Questions:

(1) Did the TV Series "Revolution" have to ask permission to be able to use the phrase, "I'm Batman!"? How much leeway is given to movie quotes within a script?

(2) Lets say Pee Wee Herman is a movie character and he's just been told he's missing the proper paperwork for registering his new car at the DMV. Pee Wee puts on a pair of dark sunglasses, looks to the left and right, then leans over the counter and says, "I'll be back!".

Does the movie producer have to get permission from "The Terminator" folks in order for Pee Wee to use that line? BTW: It's obviously a spoof and not trying to rip off "The Terminator".

(3) If you DO want to use a piece of copyrighted material (i.e., quote, movie clip) within your script, how does one go about getting a release to use the copyrighted material?

(3A) If the movie I am referencing is owned by Universal, do I send a letter off to Universal Studios asking for permission to use it in my script?

(3B) Do I just leave the quotes and clips in the script and let the producers worry about it when it's time to make the movie?

(3C) If Universal amazingly agreed that I can use a particular quote or clip within my script, does that translate into permission to use it within an actual movie should it ever be made into one? ...or is it just an indication that Universal is agreeable to using the quote in a future movie providing certain terms (financial-legal) are met?

(4) If you change a famous quote into something new, but the audience clearly understands that it is a modification of a famous movie quote ...does this also require copyright clearance?

EXAMPLE: Let's say a character has made a new stainless steel boat with a big glass portal on the side. another character sees clothes swishing around in circles within the portal. The first character says, "The way I see it, if you're gonna to build a washing machine into a boat, why not do it with some style?"

The actual quote was by "Doc" from "Back to the Future", "The way I see it, if you're gonna build a time machine into a car, why not do it with some style?"

...Is this allowable as a result of "satire", or does it still violate a copyright?

-Birdman

 

[jasmerrin]

It's worth noting that Revolution is produced/distributed by Warner Brothers Television, and Warner Brothers also owns Batman. So not only are they almost certainly legally allowed to reference Batman, but doing so might be considered "synergy", since they're actually promoting another one of their properties. That said, I think there is a lot of leeway for quoting another movie - regardless of whether or not you get explicit permission - so long as it's obviously a reference or parody. Trying to pass off chunks of someone else's dialogue as your own is plagiarism, but at this point nobody's going to think you came up with "I'm Batman," "He chose poorly," or "Come with me if you want to live" (just the three most quoted lines I could think of off the top of my head).

A movieclip, on the other hand, is a much more complicated matter. That stuff is tied up under many layers of legalese, and to get permission to use it you'll have to contact the production company that owns the film, convince them that you're going to use the footage in a way that won't harm the product (you're not showing the clip and then having someone go "THIS MOVIE SUCKS"), and finally talk to their lawyers and sign a bunch of stuff. It's possible they'd even want you to pay something for the right to use their footage. Depending on the context, you might be able to take someone else's footage if you're going to dub over it or otherwise "parody" it, and then claim "fair use" if the film company finds out and complains, but you'd be risking a lawsuit.

If you're just writing the script you don't need to worry about obtaining permission from whatever studio. As long as you're not officially publishing the script for whatever reason, I would just write the script the way you think it works best and then see what the film studio wants to do. If they like your script as is, it'd be on them to get permission once the film is getting made. They won't dismiss your script because of a scene where the characters watch Jaws, but they might ask you to change it.

Hope that helped! If it did, I'd appreciate it if you could take a look at the kickstarter for my first feature film and let me know what you think!

http://www.kickstarter.com/projects/jasmerrin/sleepwalkers-feature-film

Best,

Jason

 

[Birdman]

Thank you for your excellent feedback, Jason. I have three movie references in my Script and all three just happened to be owned by Universal Studios. On the good side, if Universal ever wanted to buy it, the copyright issue won't be such an issue. Bad side is that if Universal doesn't want the script ...then I have to do it the hard way.

As far as your movie goes I can tell you right now you are WAY out of my league. I'm just a middle-aged grunt who recollects myself a Screenplay writer so that I can get out of having to do my wife's chore list.

I am a big fan of alternate realities, time travel, space concepts and any issues dealing with the power of the mind. ...so your movie theme pulls at my heartstrings. The question I ask is why not go for a major production studio to do it? Obviously its a great concept and it's already won awards?

Is it more based on the desire to direct the movie yourself? ...Because I could easily see this one made on a Hollywood budget and being very profitable.

Trailer: The only part I get confused with is the "alternate reality" part. Regarding the "Sleepwalker" phenomenon, do they only hook up with other people within their minds? ...or do they physically get out of bed and walk around in the city at night?

If it's "physically", then I can see this excuse being used by a husband getting caught cheating on his wife! ...."I was just sleepwalking, Honey! It wasn't really me!!"

-Birdman

 

[FantasySciFi]

The three main issues around copyright infringement is: (1) copyright DOES NOT PROTECT IDEAS, it protects produced works, (2) uses which PREVENT OR IMPACT PROFIT by the copyright holder, and (3) uses of the material which are not protected by FAIR USE (for REVIEW or PARODY). Names and slogans are not protected by copyright. They ARE protected by TRADEMARKS if purchased. Using a quote from a movie is GENERALLY NOT a violation UNLESS you are attempting to REMAKE the movie OR USE SUBSTANTIAL ELEMENTS without permission. Memes are an example of when an idea or quote gets transformed. "What does the *** say?" is a current example.

Copyright is a complex subject and I am not giving you legal advice. If you have a specific concern, you should always consult a lawyer. But from a writing standpoint, the above three apply to most of your questions.

I've watched several shows that have included references to past movies. I just watched an episode of "Revolution". One of the characters is named "Monroe" and he's pretty much a bad ass. Several characters were cornered by some bad guys. This Monroe character slides out of the shadows and quickly kills the bad guys one by one. The other characters were shocked to see the bad guys killed so quickly by some mysterious man ...and then Monroe pops up and says, "I'm Batman!".

Questions:

(1) Did the TV Series "Revolution" have to ask permission to be able to use the phrase, "I'm Batman!"? How much leeway is given to movie quotes within a script?

As long as you're not writing your main character as Batman, he can call himself whatever he wants. FAIR USE comes in if you are writing a Batman parody as might appear on SNL. Of course, if you also hold the copyright or have permission, you can also use it. If Monroe were dressed like Batman, then it would have been a totally different story. The image can be both copyrighted and/or trademarked. This is a producer's headache, though.

(2) Lets say Pee Wee Herman is a movie character and he's just been told he's missing the proper paperwork for registering his new car at the DMV. Pee Wee puts on a pair of dark sunglasses, looks to the left and right, then leans over the counter and says, "I'll be back!".

Does the movie producer have to get permission from "The Terminator" folks in order for Pee Wee to use that line? BTW: It's obviously a spoof and not trying to rip off "The Terminator".

No. "I'll be back" is not specific though it is a well established meme. It doesn't impact the financial impact of the original. It is such an insignificant portion, it would not meet the quantity test.

(3) If you DO want to use a piece of copyrighted material (i.e., quote, movie clip) within your script, how does one go about getting a release to use the copyrighted material?

You would need to learn who owns the copyright. This can be tricky as while the production company often holds it, part of the performance rights can be transferred to the distributor. For a quote, you would not likely need any permission unless you are doing a scene within a scene--a movie about a play where the play is quoted. Using a movie clip WOULD REQUIRE permission for production. As a writer, you should generally avoid using a specific song or movie reference. While there are always exceptions, it makes it harder to sell a spec script since it WILL REQUIRE LICENSING by the producer.

INT.  LIVING ROOM - NIGHT
The family sits around the television watching a Christmas program.

This gives the studio that's making the movie freedom to negotiate for an inexpensive Christmas clip. If I had said "... watching 'Miracle on 42nd Street'" it would probably be fine but be changed when made. If I predicated my plot on that movie, it might result in the script being passed over.

(3A) If the movie I am referencing is owned by Universal, do I send a letter off to Universal Studios asking for permission to use it in my script?

Only if you're producing the film. This isn't an issue for the scriptwriter. Scriptwriters write stories. Producers produce movies. Directors direct movies. If you're doing all three then, yes, you would probably want to consult an entertainment attorney before proceeding. If s/he says it's a problem then you can decide whether to proceed or just change the line.

(3B) Do I just leave the quotes and clips in the script and let the producers worry about it when it's time to make the movie?

To repeat, as a writer, be creative. Make your own memorable quotes and stop borrowing from others. It's okay here or there but not continually. Write the story. If you put in something that's problematic, they'll cut it out or change it. Once you option/sell a script, your role is mostly done.

(3C) If Universal amazingly agreed that I can use a particular quote or clip within my script, does that translate into permission to use it within an actual movie should it ever be made into one? ...or is it just an indication that Universal is agreeable to using the quote in a future movie providing certain terms (financial-legal) are met?

Re-read answers to 3A and 3B. If it will interfere with the movie being made, a company will either drop it or the script. To be fair, many studios are reasonable when approached by producers. I don't want others to think that large studios are antagonistic. They have assets/interests which they want to protect. If you want to profit, expect they will want to profit too. Where a WRITER NEEDS PERMISSIONS is when you want to ADAPT ANOTHER WRITER'S WORK (book, short story, play, etc.). Proceeding without permission is the quickest route to legal headaches!

(4) If you change a famous quote into something new, but the audience clearly understands that it is a modification of a famous movie quote ...does this also require copyright clearance?

EXAMPLE: Let's say a character has made a new stainless steel boat with a big glass portal on the side. another character sees clothes swishing around in circles within the portal. The first character says, "The way I see it, if you're gonna to build a washing machine into a boat, why not do it with some style?"

The actual quote was by "Doc" from "Back to the Future", "The way I see it, if you're gonna build a time machine into a car, why not do it with some style?"

Plagiarism: Passing someone else's results and labor off as your own original creation.
Copyright Infringement: Interfering with someone's ability to profit from their produced work.

Using an altered quotation does neither. That doesn't guarantee it wouldn't be challenged, especially if it's a trademarked slogan. Generally, a short quote is allowed under FAIR USE.

...Is this allowable as a result of "satire", or does it still violate a copyright?
-Birdman

Parody: The scene makes fun of the original source. A spoof of a scene from "Batman".
Satire: The scene uses another's material to make a point. Use of "Batman" to do "What does the Bat say?" (Here Batman is a vehicle and not the focus of the parody, which is "What does a fox say?".)
Parody IS DIFFERENT from Satire. Parody is OFTEN PROTECTED while Satire is NOT PROTECTED. For a good discussion look at http://www.artsandbusinessphila.org/pvla/documents/ParodySatire.pdf . While people tend to use them interchangeably, legally they are different.

Again, THIS IS NOT LEGAL ADVICE. If you have concerns you can either eliminate the offending passages or consult a copyright/entertainment lawyer for assistance. But as a writer, it is generally not a problem. It only becomes a problem when someone tries to produce the script or you attempt to mass publish your script. In that case, you venture into 'profiting'. This is when you should definitely consider legal advice.

 

[jasmerrin]

Thank you for your excellent feedback, Jason. I have three movie references in my Script and all three just happened to be owned by Universal Studios. On the good side, if Universal ever wanted to buy it, the copyright issue won't be such an issue. Bad side is that if Universal doesn't want the script ...then I have to do it the hard way.

True... But if you're just selling the script and not actually involved in the production, I'm sure it'd be somebody else's problem.

As far as your movie goes I can tell you right now you are WAY out of my league. I'm just a middle-aged grunt who recollects myself a Screenplay writer so that I can get out of having to do my wife's chore list.

I wouldn't be too sure! This is my first real stab at directing a feature film (or any project of this size). I just got lucky when it came to finding talented people to help me make my movie!

I am a big fan of alternate realities, time travel, space concepts and any issues dealing with the power of the mind. ...so your movie theme pulls at my heartstrings. The question I ask is why not go for a major production studio to do it? Obviously its a great concept and it's already won awards?

Is it more based on the desire to direct the movie yourself? ...Because I could easily see this one made on a Hollywood budget and being very profitable.

Glad you like the theme/concept! I'm flattered that you think a major production studio might have been interested, but I myself am not too sure. From what I know, it's very hard to get big studios interested in your work as a writer unless you've already had a script or two produced before - a vicious cycle that makes it very hard for new writers to break into the system. I've heard often that a good way to try to break in is just to produce a script yourself, and thereby have a movie under your belt. (I got this advice from johnaugust.com - it's a screenwriting advice blog you might want to check out if you haven't already!) But the main thing is - like you guessed - I really wanted to direct it. I wanted to be a movie director since before I knew I wanted to be a writer. When I wrote Sleepwalkers, I did so keeping in mind that I wanted it to be my first feature as a director. It was written to be very indie and low budget so I'd be able to make it myself, and hopefully use it as a calling card in future years both as a writer and as a director.

Trailer: The only part I get confused with is the "alternate reality" part. Regarding the "Sleepwalker" phenomenon, do they only hook up with other people within their minds? ...or do they physically get out of bed and walk around in the city at night?

Sleepwalkers physically get out of bed and walk around the city at night. We describe it as sort of a "day shift" and a "night shift" of two different people who inhabit the same body. The only thing is, the "day" people don't know the "night" ones exist... and if they find out, it endangers the existence of the night ones. So it's up to the "sleeping" person to make sure they don't get caught. Which doesn't always work out the way they'd like...

Thanks for checking out the Kickstarter! Please let me know if there's anything else I can help with.

 

[sonnyboo]

Just saying a line or two from a movie is not illegal or violating copyright.