uncopyrighted scripts

[aaron_wade]

have any of you taken uncopyrighted scripts and shot them? if so, how did it go?

thanks.

[Jeremy Ordan]

Nope, never done it. Seems like theft to me.

[David Jimerson]

There are no uncopyrighted scripts, unless it's been 75 years since the author's death.

[Jeremy Ordan]

There are no uncopyrighted scripts, unless it's been 75 years since the author's death.

Yeah, I hadn't thought about it from that point of view, but all my minor in 17th century lit taught me was that I hate William Shakespeare so my answer still remains, no. Good memory remembering the 75 year thing though David.

[David Jimerson]

Good memory remembering the 75 year thing though David.

Oh, the affliction runs far deeper than that.

[spencer]

So, if something is written by a person, and while they haven't sought copyright to it...

What? IT's still copyrighted? I missed something.

[David Jimerson]

It's copyrighted as soon as it's created.

Registering the copyright gives additional rights and recourse, but the copyright exists as soon as it's in tangible form.

[Jeremy Ordan]

If you go to google and do a search for copyright lawsuits you will get a ton of articles of people who have taken other people's work and been sued.

Even a couple of years ago in the Mod (tracker) community, someone posted a song and someone downloaded the original file, sent it to a label, sold it, and released it. It became this massive issue and ultimately the original artist was compensated and that record label went under.

Just not worth it.

[Dahopafilms]

Check out Buchwald v. Paramount Pictures Corp. (an interesting case not only because the Court found Paramount/Murphy used Art Buchwald's concept for Coming to America, but also because the Court found that Paramount's accounting practises whereby a $350 million grossing film had yet to make a profit was unconscionable).

There is also a very interesting article on copyright and "idea theft" at http://www.law.indiana.edu/fclj/pubs/v46/no2/bob.html#FN*REF

In short, if you didn't write it, if it wasn't your idea, if you're not receiving it - for free or otherwise - by agreement from the author(s) and you're using it ... you're stealing it.

[David Jimerson]

But only if it's in tangible form. Specifically, mere "ideas" are not copyrighted.

[Dahopafilms]

But only if it's in tangible form. Specifically, mere "ideas" are not copyrighted.

Quite right - until the "idea" becomes developed and distinct enough to become a "concept".

[David Jimerson]

At which point, it will be written down. It doesn't matter how developed something may be in your head; if you've never given it tangible form, it's not copyrighted.

[thisiswells]

"Good artists borrow. Great artists steal." -Picasso

[Dahopafilms]

At which point, it will be written down. It doesn't matter how developed something may be in your head; if you've never given it tangible form, it's not copyrighted.

Sounds right to me.

Of course, the next time I'm lunching with Art Buchwald and he describes his next great idea for script, I think I'll pass on racing home, writing down his ideas and putting them into a film. Of course I guess if I did that, I'd get the copyright, but then I'd also be committing the tort of intellectual property theft and be subject to liability for compensable damages - at least if I was in the U.S.:laugh:

It just seems like such hard work to steal other people's stuff! Drat!

[David Jimerson]

But Buchwald had written and optioned a full treatment which Paramount had possession of. And besides, the case was decided under contract law.

[HybridCreations]

Perhaps Aaron is not stealing the script, rather someone has just given him a script that has not been formally (and legally) copyrighted and he is just asking what the pitfalls could possibly be.

My motto: It's not what you steal, it's how you steal it.
-Ryan

[pookie_old]

Doesn't this thread belong in Screenplay/Writing ?

[David Jimerson]

a script that has not been formally (and legally) copyrighted and he is just asking what the pitfalls could possibly be.

That's what I'm saying. Anything written is automatically legally copyrighted. Unless it's past the copyright period.

[pookie_old]

Doesn't this thread belong in Screenplay/Writing ?

[David Jimerson]

Probably more like Directing. Not a perfect fit anywhere, really.

[Dahopafilms]

But Buchwald had written and optioned a full treatment which Paramount had possession of. And besides, the case was decided under contract law.

Ahhh. The forest and the trees problem.

Life is simple. Broken down into the "do it" or "don't do it" categories. The legal niceties are fun (and I deal in those every day and no, I can't afford my own billing rate), but from the front end treatment, it's really simple. Am I going to have problem by taking step "X" or not?

Of course we all know what Buchwald did. And he got a nice settlement from Paramount (and guess who had the deeper pockets). But what do we learn from that? Not what specific head of damages he would have won under had the appeal proceeded. Rather, should I take someone else's "stuff". Buchwald won at the end of the day (notwithstanding the Batman decision, decided later) - and copyright had nothing to do with it.

Bottom line: do the right thing.

Now I'm running off to try and write something original.

[GenJerDan]

Bottom line: do the right thing.

Now I'm running off to try and write something original.

And, under copyright law, you can use that as your title, and Spike can't say boo about it. :)

[Dahopafilms]

LOL! Exactly!

Er ... do you mean "Spike" the cable channel, or "spike" as in what you do with a football after scoring a touchdown, or "spike" as in the nails they use to build railroad tracks, or "Spike" the guy that thought he owned the rights to all of the foregoing?

[David Jimerson]

And, under copyright law, you can use that as your title, and Spike can't say boo about it. :)

Sure. But try titling something "Star Wars" and see what trademark law has to say! :thumbsup: