OT: Copyright question

p@mast3rs wrote on 12/30/2004, 3:22 PM
I have been approached by someone to write a script for them. It is based off of a song that they feel would make a great movie. Before I get started, I have a couple questions regarding copyright. If the movie is going to have the same title as the song itself and the storyline matches the song's verses in regards to specific situations (i.e. kneeling at an altar), is that a clear copyright violation?

One other question I was asked that iI didn't know the answer to was that this party thinks its going to cost them a fortune to license use of the song that will be used in the film and they wondered if they still have to get permission from the original artist even if the version they are going to use was done by someone else who has already paid for the right to perform the said piece.

Any advice is greatly appreciated.

Comments

FrigidNDEditing wrote on 12/30/2004, 3:27 PM
though I have very little experience with dealing with copyrights, maybe I should have a little more than I do ;) I think that you would have to get permission with anything that is originally based off of a copyrighted work.

As for the alternate version. They may have permissions to perform it live or even record it to CD and sell it, but I'm not sure that that's the same as putting it to a film. Simply because a person could take the meaning of the song and change it by the footage they place it to. I could be wrong, but in my limited experience I think you would have to get permission.

I HATE DEALING WITH (c) STUFF! IT'S A PAPER TRAIL A MILE LONG AND VERY RESTRICTING OF CREATIVITY. On the other hand, you gotta make a buck, right?
p@mast3rs wrote on 12/30/2004, 3:34 PM
No doubt. I love the idea he has and I think it can work. Even if he doesnt get to use the song which I personally feel is imperative to have in the film, I am sure I can change enough of the scenes to that could seperate it from the actual song copyright. Its largely a basis for the script but the song in itself is so damn vague with only a couple of verses that I would think it would be impossible for them to corner the market on the song name for movie related purposes.

Spot|DSE wrote on 12/30/2004, 3:35 PM
This is a very deep issue, I'd recommend hitting a copyright lawyer.
Making a movie based on the song constitutes a potential derivative work. Then, you've also got the sync license for the derivative work, then you've got the mechanicals due for a derivative work, all based on you writing a screenplay and the new version of a copyrighted work.
"Inspired by" productions can be very easy, but they can be very, very hard, too.

Someone wanted to do a film based on the country song by Tim McGraw, I've forgotten the name, "don't take the girl" or something like that. Warner turned it into a nightmare.

One small nicety- titles can't be copyrighted.

Patrick, one small thing to be aware of....anyone can sue anyone for anything, and if they can chase this thread down for instance, and your movie is a success, you can bet they'll use it against you. People sue over IP every single day. If you're getting as successful as you suggest you are, I'd strongly recommend that you begin a relationship with an IP attorney, sooner than later.
p@mast3rs wrote on 12/30/2004, 3:40 PM
Cool, perhaps if I limit the scenes/situations in the screenplay compared to the film or take those situations in a different direction than the song, I might be ok. But I will definitely contact a copyright lawyer.
DavidMcKnight wrote on 12/30/2004, 9:14 PM
>> This is a very deep issue, I'd recommend hitting a copyright lawyer.



Ahhhh, where does that line form?? I'd LOVE to hit a copyright lawyer or two!!

Spot|DSE wrote on 12/30/2004, 11:00 PM
Actually, given that copyright attorneys are the only ones who've ever earned me $$, they're about the only kind I'd not want to hit.