Hi all! new member! I am writing a TV pilot based on a 50s sci-fi movie, which itself was based on a book. the story line would take place in near future, and after the story line seen in the movie, using none of the original characters. where does the original concept end and a new concept begin? how do I make it distinct enough where it becomes more mine than the original creator?
Screenwriting : Rights: When are you crossing the line by Brian Murphy
Rights: When are you crossing the line
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Is it the same unique world? Why not just write something original? That way you don't have to deal with lawyers and buy rights and all of the other stuff? Just be creative.
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@William Martell, everything is derivative to one degree or another. I am taking a concept in a new direction, which is just as creative as anything else, perhaps more so, since you have to overcome certain expectations
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I think that even alone the original idea is protected. Hence, I agree totally to William: You should create a new world. That you find inspiration everywhere is normal, but your screenplay should not have anything in common with the story which inspired you. Be creative!
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derivative isn't the same as copying. If you're passionate about placing it in the same world, why not contact the original author. Might find someone very flattered that you're writing this story. After all, I remember when a very small comic book company somehow managed to get the rights to G.I. Joe and suddenly everybody wanted to work on it.
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What William Martell said. You may think this approach is the height of creativity and somehow unconnected to the source material, but if you persist be prepared to hire a lot of lawyers.
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if you have to ask, you have probably stepped over the line into copyright infringement. If your project goes nowhere you'll probably get away with it. The second it starts making money you'll probably get sued into oblivion..... Get a competent copyright attorney to review the project!
I'd check to see if the book (which backs the movie which backs the TV series) is out of copyright. If so, I might consider the project but I would stay far away from the characters, concepts, etc. used in the movie and TV series. Even then I would 'buckle my legal seat belt' by, at a minimum, consulting an experienced entertainment attorney.