recreating copyrighted material

[Rubbersquare]

it says in IMDb (the most reputable source, ha) that darren aronofsky had to buy the film rights for "Perfect Blue" to recreate the bathtub scream. Is this true? Did they have to get the rights to recreate Joel-Peter Witkin's "Leo" for "Jacob's Ladder?" Do you need to acquire the right to reproduce a similar image on film from another medium?

 

[10s]

If it looks too close there might be a problem. It's like if you wrote a song that sounded just like "Thriller," there might be a problem when the jury starts singing along the first time they hear your song. I don't think you'd win the case. They would say, Pay up! :violin:

 

[Glen Gustafson]

An idea cannot be copyrighted. That's one of the frustrating things about shopping a script around.

Your are probably OK making something that could be regarded as a "homage". Otherwise nobody could make anything, The idea that anyone's work is entirely original is naive.

If you feel that you are recreating something almost perfectly, then an hour with an attorney might be worthwhile, but until you are making loads of money it's unlikely anyone will give it a second thought.