Writing a script based on a franchise?

Zack Birlew

Zack Birlew

Veteran
Hi, first time I've posted in the screenwriting section of the site. I was wondering, for instance, if I had an idea for, say, another Pirates of the Carribean movie or another Superman movie or even a new Disney cartoon, what exactly would that process entail?

A) For instance, legally, from what I understand, I would need to contact the creators of those characters before I even write a script?

B) Would I stick to making a pitch of the story and try to contact the producers in charge through IMDBPro or something like that?

C) Would I need an agent in order to set up a meeting?

D) Could I go ahead and write the script and then get it registered with the WGA and/or copyright it as an adaptation of "so-n-so"'s characters? Or would that be interfered with by A)?

Just curious.
 
A) You are free to write whatever you like.

B) I doubt that an unagented script is likely to get read. Nothing will reach the executive producers, without having passed through their companies' hands, first. Unless you are a friend of their dentist or know their masseur or go spinning with their sister-in-law.

C) Almost certainly. See above.

 D) Yes. You can register it whether it includes copyrighted characters, or not.
 
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It's worth mentioning that getting an agent is extremely difficult. Often you need to sell a script before you get an agent, and to sell a script usually you need an agent. I'm not sure how it all works out.
 
If you chose to write a script based on a franchise or any other property or characters from such a property, you would have *no rights* to it. Rights to those characters are owned by the creator of the original, and any work like what you propose would likely be classified a "derivative work", and the rights to derivative works vest with the original copyright holder.
 
Ah, I see. So, there would be no point in going through all the trouble of writing the script in the first place unless I had the approval of the copyright holders?

Brian, I've heard of that need an agent to get an agent stuff before and, yeah, it is uber confusing. Hence why I've never bothered to even think of selling a script before. However, I have an idea rolling around in my head that I'm 100% sure will bank, but it's a sequel to a franchise series so that's the problem. I have no idea how to even begin going about and getting it seen and, hopefully, sold and made.
 
Unless you're doing it solely as an exercise. Or as a piece of fan fiction.

If the goal is something under your control, to which you hold the rights and have a position from which to negotiate, then a derivative script based upon an existing property is not going to get you there.
 
There is no economic sense in developing such a piece as it cannot be sold (except to the original copyright holders, who could buy it off you, but you can rather bet that any deal would be for pennies because, hey, what other choice do you have?)

As Sad Max says, it can be a good exercise, and can even help you get established as a writer if you have a portfolio of scripts to show prospective agents. A spec episode of an existing television series, for example. It'll probably never be produced, but then again 99.999% of spec scripts never get produced anyway, so that wouldn't really be any different.

If you really think you've got something phenomenal, you can always write to the copyright holders and ask for an option to develop a property and shop it around. If you've got the rights, then you've got what you need to make it a worthwhile endeavor.
 
IMO, studios first invite writers (trusted writers [often] WITH credits) for 'their take' on a franchise project, then dish out the project according to the writer with the best spin/take on it that falls in lines with studio execs ideas.

Unless you're on that 'list' of writers, then all you'll be doing is writing it for an exercise.

EJ
 
EJ Pennypacker said:
IMO, studios first invite writers (trusted writers [often] WITH credits) for 'their take' on a franchise project, then dish out the project according to the writer with the best spin/take on it that falls in lines with studio execs ideas.

Unless you're on that 'list' of writers, then all you'll be doing is writing it for an exercise.

EJ
Click to expand...

This is my understanding as well. And not just "Trusted" writers but A-list writers. Franchise movies bring in truckloads of cash, so it's worth it for studios to assign their all stars. David Koep, Terry Rossio, Robert Towne. The big boys.
 
I would recommmend writing it using different characters that could later be rewritten for the existing franchise. Die Hard 2 was not written as a sequel but was later rewritten as a sequel after it was purchased. A good story is a good story and can later be pitched in a variety of ways.
 
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