Screenwriting : "Public Domain" by Erik Grossman

Erik Grossman

"Public Domain"

I've gotten a lot of questions regarding the upcoming pitch session with have with Daniel Vang who is looking for scripts based off material in the public domain (see here: https://www.stage32.com/happy-writers/pitch-sessions/Pitch-Daniel-Vang-S...) So what does he mean by this? It means material who's rights are available to the public. Anyone may produce or re-produce them in their own fashion or manner. It's why a show like PENNY DREADFUL can have the Frankenstein monster and not have to pay anyone for the rights, because although Mary Shelly wrote the book, the rights to it are in the public domain. Shakespeare? Public domain, go wild. Hell, Joss Whedon literally filmed his friends reciting MUCH ADO ABOUT NOTHING in his house over a weekend and he was nominated for the SXSW Audience Award. 10 THINGS I HATE ABOUT YOU (1999), a high-school comedy starring Julia Stiles, Heath Ledger, and Joseph Gordon-Levitt was a smash hit nominated for 7 Teen Choice Awards... and was based off THE TAMING OF THE SHREW. True story of a historical figure or event? That'll do. "History" is, itself, in the public domain. Nobody owns the rights to the Nat Turner slave uprising (THE BIRTH OF A NATION), or the Third Servile War (SPARTACUS). What it DOES NOT mean is "material available to the public", because that would mean pretty much everything. It DOES NOT mean material YOU have written for which you own the rights... in fact, that is the opposite of material in the public domain. It DOES NOT mean material you have written, for which you freely give the rights. The key in "seeking IP in the public domain" is the "IP" part. Just because a piece of material is available for public reinterpretation, doesn't mean anyone is going to know what it is. "IP" doesn't just stand for "intellectual property", it also stands for "a name or concept people would recognize". Material like that has value to a company, and material like that available in the public domain is even better. Perfect example: The Nutcracker. I've never seen it. I know it's a famous ballet, and I know it's a famously bad movie from 1993 and 2009. But all the same, I've heard of it and plenty of others have as well. Maybe this latest iteration (http://www.slashfilm.com/nutcracker-live-action-disney/) will be the time I finally decide to go see it... and voila! They just sold a ticket. That's why IP matters. If you write a novel and make the copyright public, that isn't going to matter because nobody knows about your novel (and the 200 people who got free copies off Amazon publishing do not count). While I'm on the subject, stop saying "I am a published author" when your book was self-published on Amazon. It's disingenuous. So that's what we mean by "looking for IP in the public domain." For the love of all that is good and holy, DON'T SIGN UP AND PITCH YOUR ORIGINAL MATERIAL. "Well Erik, where can I find material that's in the public domain? How do I know if it is available?" Google! But seriously there are some great resources out there. Here's one that compiles a fairly detailed collection of material that is available. Each listing also puts the status of the copyright (as some material available in the US might not be available in Britain): https://publicdomainreview.org/collections/ So go perusing their list, find a story that strikes you (and, better yet, has a following of some sort or a recognizable name), and get to writing.

Disney Making Live-Action 'Nutcracker' With 'Chocolat' Director Lasse Hallström - SlashFilm
Disney Making Live-Action 'Nutcracker' With 'Chocolat' Director Lasse Hallström - SlashFilm
A Nutcracker live-action feature is coming from Disney. Lasse Hallström (Chocolat) will direct the classic holiday fairy tale.
Regina Lee

Joe Roth has been extraordinary in producing new versions of such "PD" stories.

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