Script Rights Question

[Michael Rogers]

A few weeks ago, I came across a Shel Silverstein poem (called "Masks") online. For those who don't know it, it goes like this:


She had blue skin
So did he
He kept it hid
and so did she
they searched for blue
their whole life through
then it passed right by -
and they never knew.

I came up with an idea for a short film, loosely based on the poem. My question is, am I legally allowed to produce the film? The film would not have blue skinned people or anything like that. I suppose I used the poem as a concept and built off of it. Do I have rights to the script?

 

[fernando97echeverria]

As long as you don't quote the poem it's fine. It's an ambiguous emotional poem, so it's not like it's a story and you're taking it.

 

[FantasySciFi]

A few weeks ago, I came across a Shel Silverstein poem (called "Masks") online. ... I came up with an idea for a short film, loosely based on the poem.
1. My question is, am I legally allowed to produce the film?
2. The film would not have blue skinned people or anything like that. I suppose I used the poem as a concept and built off of it.
3. Do I have rights to the script?

Answering these in a slightly more progressive order.

2. Ideas cannot be copyrighted. What is copyrighted is the realization of the idea in a fixed medium--print, sculpture, recording, etc. If you had a script about blue people (say Andorians or Avatar denizens) that's not an infringement. There are many sources of inspiration. Some elements can be trademarked if it is shown they are unique to a company or service. While Harry Potter's logos and characters are protected, the idea of three young wizards is not a unique plot device. So writing a parallel story would not be an infringement unless you matched everything in the story closely. That's why the "Wizards of Waverly" can be produced.

3. Only if you write the script. You don't have rights to the poem. You could request them through the publisher or Silverstein's estate if you wanted to use it. However, since the script is simply inspired by the poem, you retain the rights to your own writing. If it were a longer piece, say a story or book, the credits may be added in post-production "inspired by ..." or "based upon ...". But in this particular case, it sounds like your idea is only loosely based on the poem. Adapting a book or story will require obtaining permission since the script more closely follows the printed story.

1. Yes, you can legally produce your script based on your own idea inspired by a poem. Just get proper permissions if you wish to include the poem.