Using Existing Movie References in a Spec Script

[Birdman]

Hello, Fellow Indiots

I have been haunted by a screenplay I have been writing in my head for months. I drive long distances for a living and I spend most of this time working out the many screenplay details as I drive. I am not expecting this to become the latest blockbuster hit movie as much as I would simply like to get it written down and properly executed. ...I am a realist! Here are my two questions:

(Q1) My protagonist is in a scene where she is watching TV and quickly flipping through famous movies on her remote channel-by-channel. I want what she is seeing to also be seen by the audience (TV and character together or just the TV's screen). Let's say there are three very quick scenes from "Back To The Future", "Scarface", and "Rain Man". How would I communicate this within the text of my script ...and would I have to get copyright permission from each of the publishers of these three movies?

(Q2) I have seen popular films where other famous movie clips are shown within the movie. I have also heard old famous movie quotes used within a newer movie. It is not very common, but can be effective tool if crucial to a character's actions. ...What is the best way to use existing movie quotes and clips within a new spec script?

Thanks,
-Birdman

 

[directorik]

Nobody's going to buy my script anyway, so I'm leaning towards damn well writing it the way it feels best to me.

Exactly! Write it YOUR way. In my opinion most of the advice
you're getting is overly cautious.

They are technically crucial to my character's development, but that's not to say an alternative version couldn't be developed as a back up.

If a scene from "Scarface" or "Back to the Future" is crucial to
your characters development and for any reason the producer
cannot secure the rights then your character's development
becomes useless. That makes a screenplay much harder to sell.
However, since you know an alternate could be used then those,
specific, movies are not a crucial as you say that are. Any movie
will do as long as it's a movie. So write exactly what you want
to write and rewrite later if needed.

Don't you all get a little pissed that you have to tone down so much of your creativity just to keep it on the radar?

Never. Restrictions enhance my creativity. When I am forced into
specifics by the nature of the business I love finding the creative
way to excel within those restrictions. Sometimes it's budget;
sometimes it's copyright; sometimes it's the taste of the person
with the money; sometimes it's simply time. Screenwriting is
only one part of a huge machine that is the production of a movie.
Everyone involved must make creative compromises. We
screenwriters are not painters where the finished product is the
creative domain of one person.

Your Tomahawk analogy is a poor one. In your, specific, question
you are asking about using the creative property of someone else.
Even if your screenplay is "cool enough" in your example you are
relying on someone else's creativity (clips from their movies) - not
being creative alone. It may be "cool enough" but violating the
copyright of another writer isn't legal.

 

[Birdman]

Exactly! Write it YOUR way. In my opinion most of the advice
you're getting is overly cautious.

...Yes, this seems to be the consensus!

If a scene from "Scarface" or "Back to the Future" is crucial to
your characters development and for any reason the producer
cannot secure the rights then your character's development
becomes useless. That makes a screenplay much harder to sell.
However, since you know an alternate could be used then those,
specific, movies are not a crucial as you say that are. Any movie
will do as long as it's a movie. So write exactly what you want
to write and rewrite later if needed..

...Both of these movies just happen to be Universal Studios, so on one hand if Universal was interested in the script the copyright issue might not be as much of a problem. On the other hand, if Paramount was interested in the script, Universal might not be so gracious with regard to releasing their copyright protection? It's a crap shoot on that one!

But what this also says is that we, as script writers, are unable to use a key component of modern human culture within the scope of our scripts. "Movies" are a crucial part of our society's chemical makeup. How many Halloween costumes did you see this past weekend that were based on images, people and scenes from various movies? ...Imagine if you couldn't use cars or planes in movies because of copyright regulations? What would chase scenes look like? What if in order to get your movie produced you could only use Model-T cars, Zeppelins and WWI Biplanes which are free to show in a movie because they are considered "public domain" transportation vehicles? Can't you just picture Jason Bourne trying to avid NSA agents while racing through the streets of Paris in a Model T? ......Meep! Meep!

Never. Restrictions enhance my creativity. When I am forced into
specifics by the nature of the business I love finding the creative
way to excel within those restrictions. Sometimes it's budget;
sometimes it's copyright; sometimes it's the taste of the person
with the money; sometimes it's simply time. Screenwriting is
only one part of a huge machine that is the production of a movie.
Everyone involved must make creative compromises. We
screenwriters are not painters where the finished product is the
creative domain of one person.

...Your "creative way to excel within restrictions" is a very good argument, but your artists' "creative domain of one person" is not as sound. I am an artist (painter) and, just like Screenplay writers, I have to find an agent/manager that feels my work is marketable enough to sell. Sure, I can try selling my own paintings flying solo ...but you can try marketing your own screenplay without an agent just as well. Neither of us will probably do very well if we do. I can also open up my own gallery and try selling my paintings flying solo. Then again, you could also try producing/directing your own script into a full-blown motion picture ....but both of these methods would require great sums of money and again, neither of us will probably do very well.

My point is that if the use of these clips within a script makes good strategic sense ...and makes equally good dollar-generating sense to a producer ...shouldn't it at least be given a chance?

Your Tomahawk analogy is a poor one. In your, specific, question
Even if your screenplay is "cool enough" in your example you are
relying on someone else's creativity (clips from their movies) - not
being creative alone. It may be "cool enough" but violating the
copyright of another writer isn't legal.

...Hey, it was better than "rayw's" toilet paper birdhouse! (still getting a kick out of that one) And he DID use a "car you can't drive on the road" as an example! Well, you can't drive a Tomahawk on the road, it's of an insane, seemingly unmarketable design ...yet people bought them!

And I'm not advocating a movie script that would violate any copyright laws. Obviously permissions would be required. I'm arguing that "deals" get made all of the time when making a movie (all the way down to what consumer products get shown on a scene's breakfast table). Peel off enough Bengies, start slapping them down ... and people will allow the use of copyrighted items ...especially if it enhances their product in the process!

Thank you, Directorik, for your input! And you can bet your sweet ass I'll be following your format if I DO use the damned clips!

-Birdman