Posts In "Writers"

Writers




Q&A: Why Are Unsolicited Submissions Policies So Brutal? 2012/10

Q:  For some 10 years now, I’ve been trying to penetrate the 10 foot thick wall called “unsolicited.”  How do I get through it? I have no agent.

A:  We can answer your question, but frankly, you may not like what we’re going to say.  Unfortunately, that 10 foot thick wall is probably as old as the Great Wall of China and is equally as impenetrable.  For those of you who haven’t had the pleasure of submitting a script to an individual, production company, studio or, god forbid, law firm only to have it returned to you with a letter classifying it as an “unsolicited submission,” we can give you a little background.

Continue reading the full story . . . »

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Q&A: How Do I Protect Myself From a Producer Flipping My Script?

 Q: A producer has offered to option my script.  I’m just starting out so the numbers are pretty low (it’s a 12 month option for $1,000 with a purchase price of the WGA scale).  I’m cool with that but have one problem with it:  what happens if she turns around and sells the option to a studio for a lot of money?  I think that’s what she plans to do.

A:  Pat yourself on the back, my friend.  You just spotted an issue that is often overlooked in standard option agreements.  To answer this, let’s talk a little background.

Continue reading the full story . . . »


Q&A: Can I Create a Film That’s “Inspired By” a Short Story Without Acquiring the Rights?

Q:  I was wondering if you could help me with a problem I am having with the rights to a short story.  I have been in touch with the relevant owners of the copyright and they have been told by the author’s estate they are not allowed to do anything with the rights to the story.  However, what I am wanting to do with the story is not a direct adaptation — but more of an “inspired by.”  What I am wanting to do is a 60 minute TV one off.  The only thing I am desperate to hang on to is the short story’s “twist” and elements of the central dilemma. Where would I stand with moving ahead with different character names, different structure, but retaining the twist and profession of the central character from the short only – crediting only “inspired by”?

A:  Copyright law doesn’t protect ideas – it protects the expression of ideas.  This is a simple concept in theory, but applying it to a particular situation could be challenging.  For several excellent, definitive, and thought provoking discussions of this topic, please see our blog

Continue reading the full story . . . »


Q&A: What Deal Should I Get for the Trailer Being Made for My Script?

Q: A production company is planning to shoot a trailer for the script I wrote. They are paying all expenses for filming. When and how much should I expect to be paid for my script? And do I need a contract prior to filming?

A: It sounds like you took a spec script to a production company, they liked it and now want to shoot a trailer for it. This is unusual. Generally, the film is made before the trailer. Normally, if a production company likes the script, it tries to option the script (or buy it outright) or at least tries to get an exclusive shopping window during which it attempts to set it up at a studio. It’s unclear to me why this production company wants to spend money on a trailer without first tying up the script.

Maybe they don’t want to spend money for the option (but then again they’re willing to spend money on the trailer)? Maybe they’re relatively new and don’t know what they’re doing? Of course, you don’t have to be relatively new to not know what you’re doing — you just have to not know what you’re doing. And when you’re dealing with someone who doesn’t know what they’re doing, it’s hard to know what to do. Continue reading the full story . . . »


Q&A: What Life Rights Do I Need to Write a Screenplay About Someone Who Died But Has Surviving Family?

Q: I have a question that I’ve been toiling over for months. I’ve done some research on it and cannot find a clear answer. I’m beginning to work with a writer on a screenplay on someone who died about 20 years ago. She has surviving brothers, but her parents are dead and she never married or had children. What type of life story rights do we need to acquire to tell this story — a screenplay that could potentially turn into a feature film? I guess the first question should be do I even need to buy or acquire the life story rights? Can I just change her name?

A: First of all, there is really no such thing as life story rights. There is the right against being defamed. There is the right against certain private facts about you being publicly disclosed without your permission — the New York Times would be violating it if its reporter sneaked in your bedroom, copied your most secret diary entries, and published them. And there are certain other rights of this nature. But there is no life story rights. When you buy life story rights, what you really “buy” is a promise from the subject of your story that they will not sue you for defamation or any number of other possible violations of their privacy rights.

In theory, you can make a movie about anyone alive without obtaining their “life story rights,” as long as the movie doesn’t defame the subject and doesn’t violate all these other privacy rights. In practice, that’s hard to do and no matter how much you try not to violate these rights, you can’t stop someone from alleging you did. So practically, in most cases, when a movie is made about someone alive, “life story rights” are acquired.

Now let’s focus on the dead. Perfect timing — Halloween is less than a month away. The dead can’t be defamed. The dead have no rights of privacy. The dead have no say about how they’re portrayed in movies. You can say anything you want about the dead, true, false, or in between. Well, not all of the dead. Continue reading the full story . . . »


Q&A: What’s the Difference Between a Movie That’s “Based On” a Book and a Movie That’s “Inspired By” One?

Q: I have a question regarding the rights needed to make a film “based on” a book, and/or “inspired by” a book. First of all, is there a legal difference between these two terms? It seems that one implies a more direct adaptation (“based on”) and the other a looser connection to a book, but is there some legal basis for determining this? Also, does one need to purchase the rights to a book that “inspires” their film? How about a book that it is “based on”?

A: In answer to your first question, while technically there is no legal significance to the specific words “based on” or “inspired by,” there is legal significance to what each term may imply. Continue reading the full story . . . »