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 Question:
If a writer writes a script on spec intended to be a sequel for a movie
or movies already released, what are the legal ramifications? For example,
if a writer writes a spec sequel for the Aliens or Scream series, can this
script be submitted? What qualifies as "Fan Fiction" and are
there any legal issues with it?
Answer: One cannot create a derivative work without the permission
of the copyright owner of the original work. A writer who creates a sequel
to another writer's work is creating a derivative work. Such a sequel script
is likely to be unusable unless permission of the owner of the original work
is obtained. An exception is if the original work has fallen into the public
domain, which means it is no longer copyrighted. At that point in time, anyone
can create a derivative work. So, for example, all of the Sherlock Holmes
tales written by Arthur Conan Doyle are now in the public domain. But most
works created in the past 75 years are still protected under copyright law.
It is usually a bad idea for a writer to create a derivative work without
permission of the owner of the work it is based upon. Sometimes a writer
creates such a sequel in order to demonstrate his/her skill and to offer
the script as a writing sample. However, the most impressive example of a
writer’ s skill is a completely original work, not one based on another’s
creation. If you create a derivative work, you run the risk of wasting your
time because without the permission of the owner of the original, the script
is unusable. It doesn't matter that you are a fan of the original. Submitting
such a script may also damage your reputation because it suggests that you
are oblivious to the basic rules of copyright ownership.
For the reasons mentioned, Fan Fiction is usually an instance of copyright
infringement. For additional information on Fan Fiction go to:
http://www.chillingeffects.org/fanfic/
—Mark Litwak (www.marklitwak.com).
Mark Litwak is a veteran entertainment attorney and Producer’s Rep
based in Beverly Hills, California. He is the author of six books including:
Reel Power: The Struggle for Influence and Success in the New Hollywood,
Dealmaking in the Film and Television Industry, Contracts for the Film and
Television Industry, and the recently published Risky Business: Financing
and Distributing Independent Film. He is the author of the CD-ROM program
Movie Magic Contracts, and the creator of the Entertainment Law Resources
website at www.marklitwak.com. He can be reached at law@marklitwak.com.
Disclaimer-Any
material sent to or provided by Mark Litwak is for illustrative and educational
purposes only and should not be relied upon as legal advice, or be considered
confidential or the basis of an attorney client relationship. This
material may not be suitable for your particular situation and different
legal advice may be appropriate depending on your jurisdiction or circumstances.
Therefore, you should not rely on this material, or any part of it, without
the advice of competent legal counsel.
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