Screenwriting : Close Encounters 2 - The Return of Roy Neary by Simon Fairhead

Um, do you own the rights? If not, you can't use the characters or anything else in a screenplay (or anything else). Your screenplay is great for training puppies, but that's about it. How you get a sequel gig: You have written a bunch of great original screenplays that producers and studios love. When the studio decides to make a sequel they call in writers they love to pitch their take. Then they hire one of those writers... and give them notes on whatever their pitch was so that it's also the movie the studio wants to make.

So fan-fiction made into screenplay is a no no. Without permission or specifically asked. Good to know.

Of course fan fiction is a no-no. How could you think otherwise?

Started out... to get published (seen by others) it had to be rewritten into something original.

I believe James Cameron wrote Aliens as a fan of Alien. So it's not necessarily a no-no. Though he did have a hit under his belt when they asked him what he wanted to do next.

Dear All, Many thanks for all your comments. I should have mentioned in my original post that this script has already been sent to Dreamworks SKG before. It was not passed on to readers there because at the time I did not have representation. I do have a UK sitcom credit under my belt (Marshal's Law). I'm not sure what all this fan fiction nonsense is. It is a script for a sequel to an existing movie. I think I have found an interesting and entertaining way to move the story along. All I am trying to do is get it seen by the right people. If it turns out it's not what they want, fair enough, I tried. From the comments I have heard so far, it sounds like American movie making is mired in legal issues. However, it bears no resemblance to my experience working with UK production people. In the UK, the creative stuff gets put in place first, and then we sort out the legal end, not the other way around. I still believe in Hollywood the same can happen, but you need an 'in' with the right person. I'm thinking of contacting Richard Dreyfuss first, because I happen to know he is a very energetic lobbyist for projects he believes in. Time to start thinking outside the box.

You heard the man, people, time to start thinking outside the box - me thinks he may have a Close Encounter with legal authorities in the US of A - but he's keen, determined and prepared to give it a go, good for you, Simon, wish you well and success.

Simon, if Disney can shut down a little insignificant fish and chip shop with a heavy duty legal team just because they called themselves Nemo's, no one is safe - that shop was in Adelaide, a small provincial city, probably tracked down by having registered the name as a business.

@Cherie... How could I think otherwise? Hmm, well it could be that I'm new to the harsh world of screenwriting. I mean, I don't know... A week in - maybe I should be an expert? Eh? ;) My 17 year old writes and draws in deviant art about wolves collaboratively in the community. My 12 year old - it's Warrior Cats (RPG) right now. She writes and is learning about animation with that particular writing community forum. Fan fiction from my perspective, is a wonderful teaching tool with my kids - that's fun and fills in some gaps that our public education system doesn't provide. But it's good to know, I shouldn't write any new mutant's for Stan's Lee's Universe and send it to him without expecting it to just be taken. ;)

I have read that Spielberg has said "no" repeatedly to any remake, sequel, or otherwise. This pursuit is futile -- and not yours to take. Why risk being sued (for millions) or found guilty of copyright infringement? Simon, perhaps spin your script into something original. Turn it into something you can produce.

You should be focusing on creating your own voice and not trying to capitalize on someone elses.

That's it. I'm moving to the UK!

What I don't get is that you say you have a representation but they have no idea how to contact Richard Dreyfuss or Universal Pictures and give you the contact/phone/email/agent at least? LOL... add me and I tell you.

Simon, one of the scientists in the movie, was based on an actual person - Dr. Jacques Vallee. He actually did that experiment you see at the end of the movie - in reality. No one actually left earth (that they'll admit to), and the findings were wildly different from the movie (supposedly)... I mean, I love to celebrate and keep the magic of this iconic movie alive - and contemplate all the conspiracies that wonderful movie sparked - so... I can understand being influenced by that film. I was too. ;) Anyways, Dr. Allen J. Hynek was also featured. Both are must read Ufologists. Speilberg favors Vallee's position - but takes it in a wildly different direction (His unique spin) than Vallee himself - had actually come to view his findings and research - imo. Hynek of course, brilliantly highlighted the other side of hard science's approach to explaining away the mysterious. Swamp gas. My er... anyways. These are real people and old ideas, and discoveries made with science still stamped with a 'black project' stamp across it. There is all kinds of hypothesis and hyperbole around these topics. I've seen dozens of different interpretations and adaptations of famous people and events in film. Area 51, Jesus, Alexander the Great, Cleopatra, Hitler, Royals, all the mobsters, serial killers, and any mythology and characters that lie within - spun into new concepts and stories over and over again. It's watching an idea reborn anew, again and again. That IS this industry. What I'm asking the community is: if I adapt my version of a bigfoot or what "really" happened at area 51 story - into a screenplay; do I have to check with every bigfoot story, movie, or documentary ever made - if it's okay to write a screenplay about those concepts?

@Melonie - Bigfoot and Area 51, and anything else of a Fortean bent, is fine as long as you do not directly duplicate/plaguerise an existing property, be it film, book etc and that would include characters as mentioned as above. Make the story your own and all will be good, good luck with it - I do love a good Fortean film.

So - if I wanted my movie to be backed with the real history and science that has explored the fortean - that is not public domain, history and education - even if they've published public scientific papers on the issue?! Man, I need to rewrite one of my scripts if I can't base it on the actual history of the subject.... Hmmm....

History is a little different, I think the guys who wrote Holy Blood, Holy Grail tried to sue Dan Brown... and failed because they maintained their book was history and his was fiction. I'm intrigued... what's the script about?

It's based on the CIA's recent admission that the majority of UFO's seen from the 1940's - present IS us - and drones is an obvious result of those secret projects - but also touches upon those people who experienced what they perceived as paranormal - how they persist and prefer the mythology. The possible truth is scarier than fiction type of screenplay.

Well I don;t see any issue there... just change the names of all the players and use the facts that are accepted by all... don't use a single source or research as Patricia said and sure you'd be fine... there's so been so much dis-information on the subject over the years that it's very muddy already! Of course, the conspiracy theorists will maintain that the CIA would say that ;-)

Naturally, what creative, conspiracy bent mind wouldn't question that obvious trick? :D

If my lawyer told me to write the next script for a movie or characters I didn't own the rights to and I had no direct connection to the producers, I'd fire those lawyers immediately.

Simon, you don't own the rights to the underlying material. Dreamworks will NEVER read your script. Ever. They cannot legally. Why? Because if they ever did make a sequel to CLOSE ENCOUNTERS, and you saw even a piece of your script in the film, you would sue. And you would have a case IF you could prove your script was actual read. And if you know anything about Dreamworks, they make you sign an indemnification form, even if it is just to read material that could cause a problem for them later on. Note to every writer: if you don't own the underlying material when you decide to write an adaptation, sequel, remake, whatever, you are wasting your time and possibly setting yourself up for a cease and desist letter. I don't care how amazing and wonderful and original your take on the material, you don't own it, and they aren't going to buy it from you. You might get sued but that is as close as you get to the actual owners of the material. This is a business. You need to have a rudimentary understanding of the business. And you need to listen when people are telling you what the LAW is. It applies to you. Sequels are for-hire jobs and the studios and production people hire people they know and have a track record. Again, you may not be happy about that, but it's fact. I'm sure that we will keep reading posts like this, someone has written a sequel to TITANIC d wants to get it to Cameron and Decaprio ( he didn't die...he was frozen and thawed!), and everyone will chime in on the same advice. But I have to say, I sigh every time I read these kinds of posts. Know your business.

Very true, Sam. I was more thinking in cases where people submit scripts to production companies that are similar to things already in development. Thanks for the correction, you are right.