On Writing : Story source public domain or not? by Ross Burck

Ross Burck

Story source public domain or not?

Looking for some advice so will try to keep this short and on point. I’m an aspiring filmmaker who wrote a short script based on a joke I heard years ago as an exercise. I have no idea where the joke originated but have done a lot of googling and found numerous ‘versions’ of this joke online. Was trying to determine the original author so I could actually follow the process through and put it to film. At what point can this joke be considered in the public domain and therefore available to use without needing to buy the rights from the original author? Thank you all in advance for whatever help y’all can give as well as any other pointers you feel are pertinent to this question!

Ross Burck

Thanks Jeff, currently not wanting to incur extra costs. Obviously it may come to something like that so I totally appreciate that suggestion, just hoping there’s an easier, less costly option!

Richard P. Alvarez

A joke is only a few sentences long. Not long enough to 'be' a film. As you mentioned, at best it's going to be a short film.

"A guy walks into a bar, with a duck on his head..."

You mean you want to use the PREMISE of the joke? An entire film around a guys relationship to the duck, that likes to ride around on his head?

I'm not clear on what you're asking. There's not going to be a simple answer.

Ross Burck

Richard - yes, you're correct, it's not a 'film' but a short film... in fact to be more precise, a short, short film! :) I not only used the premise of the joke, but ultimately the verbiage of the joke as I know it to be, to write a script... All of the versions I have found of this joke online are different in many ways but all tend to keep the primary punch-line which makes the joke what it is. So I basically scripted out the joke so that it could be acted out and filmed... I did this as an exercise in scriptwriting and as a way to experience the entire process of filmmaking, from scriptwriting to final production and everything in between...

My current question revolves around not wanting to get into trouble once I have a completed short, short film and then want to post it online for all to see. As I said, I'm, primarily doing this as an exercise in learning and experience but if, when I post it (someday), I can actually make some money on it then I assume that I will need to have this issue resolved. Is this joke/the premise of this joke something I can use without attribution or permission if it is in the public domain, which I believe I could make the argument that it is, or do I need to fully dig to try to find the original author and then secure rights to produce it as a film, however short it ends up? And further, how does one determine wether an idea or concept is in the public domain or not? And even if it is in the public domain, can I use it as it is or would I only have the right to use the idea but still need to change the words of the joke?

Thanks for asking for clarification, I hope this helps and I look forward to whatever advice/input you can offer.

Ross Burck

Hey ya'll - I just realized that I posted this question in the wrong thread, I meant to post it under screenwriting so I'm going to repost (with greater detail) in the screenwriting thread. Probably makes sense for anyone with input to use the other thread instead of this one for the sake of keeping it altogether... thank you and my apologies to the moderators...

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