Greetings to all!
I'm breaking my posting cherry today.
I've only been here a couple weeks, but I love the site!
Much thanks to all those behind the sceners that keep it shiny.

My query today is, "How do I protect my spec remake script?"
You rewrite an old film, you didn't want to, but the muses made you do it.
So now what? You don't have the option rights to the source material.
Can you legally register with the WGA, citing credit to the source material?
What can one do to protect their bastard remake child from the big bad Hollywood?

Regards,
E.D.

Congrats E.D. and welcome.  Best of luck.

The way I see it, you are always better off registering your work one way or the other.  As far as your remake, well, there are only so many stories floating out there.  If it were me, I'd delete this post and register my work with the WGA.  If anything ever comes of it, let the lawyers figure it out.

CR

Let me get this strait, you rewrote a script from somebody else's proven work, right?  That is called fan-fic, basically.  And there is nothing you can do, because you didn't create it.  Sure the W.G.A. would gladly take your 20 bucks and call it a day, but they won't be backing you up in court when it comes time to do so.

A judge would throw the case out rather quickly, as they almost 95% of the time do anyways.  Even if it was your work.  There is a pecking order in Hollywood and it drove the hatchlings to get pissed at the Roosters and thus they became independent.  

Quoted from Electric Dreamer I'm breaking my posting cherry today.

Ewww.

Quoted from Electric Dreamer What can one do to protect their bastard remake child from the big bad Hollywood?

If it's a remake, you really can't copyright it unless you've made some big changes in it.  Even then, it may be a problem selling it due to potential lawsuits.  If the original script is in public domain, then you copyright it.


Phil

You can pull the ultimate wool-over-their-eyes trick on it. First, rename every character and retitle the script. If it's a particular memorable classic with lots of memorable lines, use none of them. Basically, strip the story to its core and rewrite from scratch, using none of the original source material. You can register it when you want to (provided you've changed the basics already). That would be the legal loophole. Will some people say, "Hm, this look familiar?" Sure they will. That's their problem. Might you get a lawsuit from the original creators? Probably not...unless it makes you  fortune.

What was the original film?


Phil

Probably some schlock like Star Wars or The Godfather.

Quoted from George Willson You can pull the ultimate wool-over-their-eyes trick on it. First, rename every character and retitle the script. If it's a particular memorable classic with lots of memorable lines, use none of them. Basically, strip the story to its core and rewrite from scratch, using none of the original source material. You can register it when you want to (provided you've changed the basics already). That would be the legal loophole. Will some people say, "Hm, this look familiar?" Sure they will. That's their problem. Might you get a lawsuit from the original creators? Probably not...unless it makes you  fortune.

I'm not looking to sell the property. It became a whipping boy to develop some skills.
As a result, its largely rewritten, so I'd like to protect the material, if feasible.
Not looking to pull a fast one per se, but protect the original content within.
Would registering it with the WGA or posting here accomplish that at all?
Thanks for the reply.

Quoted from dogglebe If it's a remake, you really can't copyright it unless you've made some big changes in it.  Even then, it may be a problem selling it due to potential lawsuits.  If the original script is in public domain, then you copyright it. Phil

Hello Phil,

Thanks for the reply.
I'm not looking to sell the property, it became a tool for me to develop some skills.
That being said, I would like to take any steps I can to protect the original content.
Would WGA registration or perhaps posting the script here help to that end?

LOL, sorry about the cherry thing. My bad, I was hopped up on Pocky. =p

Quoted from dogglebe What was the original film? Phil

Phil,

The original film is a 1971 western called, "Red Sun".
I don't intend to attempt to sell the property without optioning the source material.
What started as a writing exercise, turned into a feature length screenplay.
I believe in finishing what you start, so I stuck to it.
I'm aware its an unorthodox way to go about things, but there it is.
In summation, if there's some steps I can take to protect the original content, Id like to know, thanks again for your interest and queries.

E.D.

Yes, with Charles Bronson... Forget about it.  Look at the project at hand as an experience to learn and gain general knowledge from.  Do not pursue the endevour any further past that.  What you should do is take the elements you've created and apply them to "YOUR OWN" script.  Similar things come to market all the time.  A Western/Samurai/Action flick isn't the most popular genre, but that's where your "NEW" material would come in handy.  It'd be a new start.  And then, and only then, should you worry about registering it and buying web domains and such.  Until then, don't even bother.

Quoted from Craiger6 Congrats E.D. and welcome.  Best of luck. The way I see it, you are always better off registering your work one way or the other.  As far as your remake, well, there are only so many stories floating out there.  If it were me, I'd delete this post and register my work with the WGA.  If anything ever comes of it, let the lawyers figure it out. CR

CR,

Thank you for the welcome and the advice.
I'm enjoying the site very much and the people that use it.
Why do you think I should delete the post?
I'm not looking to sell the script.
However, registering with the WGA or posting the script here helps protect the original content within it, I'd like to know.
Heh, there's always plenty of work for lawyers. ;)

Regards,
E.D.

Quoted from Baltis. Yes, with Charles Bronson... Forget about it.  Look at the project at hand as an experience to learn and gain general knowledge from.  Do not pursue the endevour any further past that.  What you should do is take the elements you've created and apply them to "YOUR OWN" script.  Similar things come to market all the time.  A Western/Samurai/Action flick isn't the most popular genre, but that's where your "NEW" material would come in handy.  It'd be a new start.  And then, and only then, should you worry about registering it and buying web domains and such.  Until then, don't even bother.

Thanks for the replies, I agree its been an effective learning experience.
I have no big aspirations to sell it, but I did track down who owns the rights to the film.
I was wondering if posting here and/or registering with the WGA would help protect the original content of the piece.
When this draft is complete, I do want to post, provided folks here are ok with a "spec remake" script being submitted.
While working on this, I have been developing original treatments too.
Thanks for the replies and advice.

Regards,

E.D.

All things considered, I wouldn't register it, but I would post it here.  Get some feedback to help you with your next script.

Phil

First I'm confused about what you want to project - some original material within a remake? Doesn't really sound like anyone would be copping that.

Second, let's look at the word protect - WGA registration doesn't protect anything. All it does is provide evidence that you wrote the material on such and such date.

To protect something you must copyright it, and as Balt and others have said, if you don't have clear title to this, then don't do it. If your screenplay ever finds the promised land the lawyers will do something called clearance, and you'd probably fail on multiple counts.

If someone stole your (original) work and you walked into court with a WGA registration, you'd still have to fight it. If someone did the same thing and you have it copywritten, game over - they lose, you win, and you're rich.

Also, every NDA a film company will send you - which you need to fill out before they will read your unsolicited script - has a clause in there where you certify that the work is an original of your own making, or that you have the rights to the story.

So I would agree with Phil in that I wouldn't waste the 20 bucks, and consider that project a writing sample and post it here. Who knows - writers have been hired from their samples.

Quoted from Electric Dreamer CR, Thank you for the welcome and the advice. I'm enjoying the site very much and the people that use it. Why do you think I should delete the post? I'm not looking to sell the script. However, registering with the WGA or posting the script here helps protect the original content within it, I'd like to know. Heh, there's always plenty of work for lawyers. ;) Regards, E.D.

Hey E.D.,

I think you've gotten some varying advice here, and I think you should take it all in and ultimately decide what you want to do.  As you mentioned, there is always plenty of work for the lawyers!

For my money, even though this was an excercise for you, and you don't really expect anything to come of it, I'd spend the $20 and register it.  Sure, nothing may never come of it, but the way I see it, you worked hard on putting something together and you may as well memorialize it, even if it costs you $20.

The reason I mentioned deleting this post is because, one never knows what may come down the road.  As I understand it, and I'm no expert here as I slept my way through copyrights (pass fail classes - gotta love em'), you can't copyright an idea, but why would you want any evidence out there on the internets that this other work was even in the back of your mind?  

As you siad, you aren't expecting to come of this, but you did work hard on it, and you made it your own, so why even advertise that there was a connection to an older movie.  I gurantee you that there are any number of working screenwriters who have been sitting in their living room watching a movie, and the seed of a new idea was born.  The one thing they probably didn't do was to advertise the connection on a website.  All's fair in love and war, you know?

Anyway, best of luck.

CR