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Screenplay issues

Discussion in 'Questions and Answers' started by Miamian, May 22, 2009.

  1. Miamian

    Miamian Senior Member

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    I'm writing a screenplay right now out of my own initiative. The central here is that I'm using existing DC comic book characters.

    My work is original, but the characters aren't, so how how should I go about this? Should I copywrite it or go to WB/DC first? What else should I consider?
     
  2. SICK

    SICK Lounge Moderator

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    i would think you would have to get permission to use the characters likeness regardless of story....jmho
     
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  3. Miamian

    Miamian Senior Member

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    Thanks. Doesn't "likeness" usually mean visual likeness or could there be another context? I have to shut down my computer until tomorrow night, but I look forward to the discussion.
     
  4. SICK

    SICK Lounge Moderator

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    it depends on what is copywrighted.....when things like superheros come into play....they might be able to get you for it looking slightly like the characters......the names ecpecially. just to be safe, so you wont get bombed with lawsuits....i would double check with their headquaters:up:
     
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  5. anlgp

    anlgp ↑ ↑ ↓ ↓ ← → ← → B A

    character likeness in any way i would think. super powers, looks, etc. just to be safe if you're putting it out there i would make sure that before you do you change your characters. say he can climb walls and shoot webs but you call him "man that acts like a spider" instead of "spider man". well, people are still going to associate it with "spider man" because well.. it has already been done.
     
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  6. Fin D

    Fin D Sigh

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    Likeness is not to be taken literally. It is a broad term.

    I guarantee you, anything you write with already established characters from any of the comic book universes, is copyrighted to the hilt.

    You have 2 avenues, sell them the screenplay or make up new characters.
     
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  7. Muck

    Muck Throwback Uniform Crusader Retired Administrator

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    If you're using DC characters, the end game is selling them the screenplay.

    However, I do see what you're saying. The characters are theirs, but the storyline is yours. And you want to protect against them using your storyline. I'm not sure how you go about doing that or what the standard operating procedure is for that type of thing. But I would seek that protection first before you go to DC/WB.

    I'll bet BPK may have an idea.
     
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  8. DrAstroZoom

    DrAstroZoom Canary in a Coal Mine Luxury Box

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    I'm racking my brain, because it seems like this issue was played out recently in an actual case in which the central argument was that the intellectual property represented by a copyrighted character trumped whatever rights were assigned to a story using that character.

    BTW ... if you ever are wondering how to spell it, remember you're talking about the "right of copy."
     
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  9. anlgp

    anlgp ↑ ↑ ↓ ↓ ← → ← → B A

    I don't know how you would do it but put a creative commons or a MIT license on your storyline?
     
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  10. Miamian

    Miamian Senior Member

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    Thanks everyone. Muck, who/what is BPK?

    Just to let a little more out, my central character is Aquaman. I was a DC kid growing up and thirst for their movies, which have been scant. Batman now has an inertia of its own and Green Lantern is supposed to start filming later this year. We had Superman Returns and they keep talking about a sequel, but who knows when. Wonder Woman (the one I want to see most) also has a lot of talk and there were rumors that were looking to hire a director and new screenplays. The Flash is another one that they started moving ahead and then abandoned. Meanwhile, Marvel is forging ahead with most of their characters. I feel like WB/DC is holding hostage. Aquaman is one that hasn't received any consideration. There was that pilot with Justin Hartley, but that went nowhere.

    I also was a little to broad up top. Not all my characters are from DC, I've invented some and have written already included Mera, although with a very minor role. I'm also planning on using Ocean Master as the main villain, haven't gotten to that part yet. Others so far, I've invented.
     
  11. anlgp

    anlgp ↑ ↑ ↓ ↓ ← → ← → B A

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  12. Bpk

    Bpk Premium Member Luxury Box

    Thanks Muck.

    "who/what is BPK?" lol.

    Hi Miamian. I do have some definite ideas and information for you. I've sent you a somewhat lengthy PM getting into what you can do at this stage, and what your options are down the road.

    IN addition to all of the more industry-specific stuff, though, I neglected to ask an important question... what's the reason behind you wanting to do this? Is there a long term goal? Is this just a short term goal?


    Please clarify and I'll drop you a follow-up PM. I'll help as much as I can.
     
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  13. Miamian

    Miamian Senior Member

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    Thanks very much. Please check your inbox.
     
  14. Bpk

    Bpk Premium Member Luxury Box


    I did.... but for some reason all that was in it was my original message to you.

    Did you send a PM message? If so, the text of it did not get through.
     
  15. Miamian

    Miamian Senior Member

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    Arrrrghhh! I hate it when I get logged out while writing. I thought that what I had was saved and it turned out that it wasn't.

    Please check your inbox again. Thanks very much for your help.
     
  16. Miamian

    Miamian Senior Member

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    Update: this project is dead. DC sent me an e-mail today denying me permission to move forward. Shame. I've written the entire screenplay and formatted it with special software.
     
  17. MikeHoncho

    MikeHoncho -=| Censored |=-

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    Likeness?

    You mean to tell me that this is infringement?
    [​IMG]
     
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  18. Miamian

    Miamian Senior Member

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    Rick Malambri for Supermeng!
     
  19. maynard

    maynard Who, whom?

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    thats a lot of work. cant you rework the thing? make it all original?
     
  20. Miamian

    Miamian Senior Member

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    Maybe, but is it worth it? With the way it is right now, there's a built-in avenue to production. If I make it all original, then it becomes just one of myriad screenplays out there looking for someone to produce.
     
  21. maynard

    maynard Who, whom?

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    thats true, but if they reject it based on likeness, etc. then it makes all of your hard work go to waste. could work for TV too.

    it would require a lot of peddling for sure. imo, if you really believe in it, its worth exhausting all of your options even if you fail. its easy for me to say, i understand. i just dont want you to give up on it
     
  22. Miamian

    Miamian Senior Member

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    Thanks. I don't think that it could stay in the superhero genre if that's the case and then it becomes a whole different movie and has to be revised globally.
     
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