Screenwriting : Copyright issue? by Brian Murphy

Brian Murphy

Copyright issue?

Hi all, I want to write a screenplay based on a 1950s book/movie alien monster. The alien/monster has many of the same features but with key differences, the story arc of the screenplay takes place in modern times and the storyline is set to a future point in the conflict that the book/movie did not cover and there will be no replication of the original story or characters in any way. Would this be free of any copyright issues?

Regina Lee

Hi Brian, if someone else "owns" this character, you have to "get" the rights. That might mean a license, a partnership, or some other agreement. If your character is "inspired by" someone else's character, you might be OK to proceed without any rights. Hard to say based on the post. Good luck!

Brian Murphy

Thanks, Regina. It's not so much a character, it's an alien race. Again, similar, but with key differences. when I finish it, I will consult an intellectual property lawyer.

Tony Cella

If it's based on another work, then you have to purchase the rights. Working with a publishing company can pay off when it comes time to market the film or approach studios.

William Martell

What Regina and others have said: characters (even an alien race) from a copyrighted work are copyrighted, and you will have to buy the rights in order to use them. One of the things about monster movies is that the "high concept" is usually the monster itself (which is why so many of these films are titled after the names of the creatures). So a "previously used alien race" removes the concept that would sell the screenplay, because it's already been done.

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