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SimplyScripts Screenwriting Discussion Board  /  Screenwriting Class  /  Can I use this?
Posted by: RRRocks, April 27th, 2011, 6:29pm
I am currently writing a script that includes a mental hospital in California can I use a real, operating, existing hospital? or do I have to make one up?...I hope this is the right place for this question.....


Thanks
Posted by: Zack, April 27th, 2011, 6:39pm; Reply: 1
I guess that depends... Do you plan on filming your script? If not and you are just writing for fun... go all out and use whatever you would like. :)

~Zack~
Posted by: mcornetto (Guest), April 27th, 2011, 6:42pm; Reply: 2
If it is integral to the story then use it.  If it isn't essential that it is this particular institution then don't use it.  That goes for any should I use question btw.  
Posted by: RRRocks, April 27th, 2011, 6:44pm; Reply: 3
So....No?.....I would like to eventually film this script....So perhaps use the "real" hospital in the script (for now) but if I were to film than I would have to change it and make one up? and it will be copywrited after it's finished so how do I go around that?

Thanks
Posted by: RRRocks, April 27th, 2011, 6:48pm; Reply: 4

Quoted from mcornetto
If it is integral to the story then use it.  If it isn't essential that it is this particular institution then don't use it.  That goes for any should I use question btw.  



A mental hospital is where the story takes place...But this particular hospital isn't essential but it's the one I want to use after researching it...I guess I was wondering the legalities of it if I were to film the script and after it's copywrited...

Posted by: mcornetto (Guest), April 27th, 2011, 6:52pm; Reply: 5
The legalities of it aren't the issue.  A good story is a good story.  If it requires something to make it a good story then that can be arranged (if it's at all possible).  Look at Being John Malkovich.  Kaufman didn't ask permission and as a matter of fact it pissed Malkovich off.  Later Malkovich decided to be in it.  
Posted by: dogglebe (Guest), April 28th, 2011, 12:33pm; Reply: 6
Is there a reason why you specifically want to use this hospital and it's name?

Unless there's a specific reason, do not call it Dillon County Medical Center (my name for the real hospital).  Call it Darren County Medical Center.

The odds are that the hospital will not let you film in it.  Insurance... The patient's rights to privacy...  The hospital's name...


Phil
Posted by: Grandma Bear, April 28th, 2011, 12:51pm; Reply: 7
You can write anything you want. If someone is interested in shooting your script, they'll figure out a hospital to use where they live. No one is going to say "Damn! That was a good script. Too bad I can't film it since it's taking place at that hospital in California".
Posted by: stevie, April 28th, 2011, 7:26pm; Reply: 8
I have a similiar type question so I'll post here instead of startting a new thread:

Its about music copyrights, to a degree - in my new script, a band will be playing classic rock songs as covers. would this create any kind of c/r issues? How does it work with real cover bands - do they have to get permission for every song they do, or are cover versions considered different until they are officially recorded?

Posted by: mcornetto (Guest), April 28th, 2011, 7:54pm; Reply: 9
Again.  Don't use them unless they are essential to the story.  If you can get away with a band plays bluesy rock then do that.
Posted by: stevie, April 28th, 2011, 8:56pm; Reply: 10
Hmm... Nah, they have to play just top songs of different era that will rock the crowd and make them a smash.
I was gonna have sort of montages like:

The band plays Led Zeps 'The Rover'...
Nick hits the classic opening of 'Sweet Child Of Mine...

That sort if thing. The mix of songs is vital or else it has no meaning for me
Posted by: Dreamscale (Guest), April 28th, 2011, 11:30pm; Reply: 11
I better read your script, Stevie, cause if The Rover is in it, I LOVE IT already!!!!!
Posted by: Trojan, April 29th, 2011, 8:14am; Reply: 12
Stevie, you need to pay royalties to use songs that aren't in the public domain.
Posted by: mcornetto (Guest), April 29th, 2011, 9:25am; Reply: 13
No he doesn't.  The producer does.
Posted by: stevie, April 29th, 2011, 4:23pm; Reply: 14

Quoted from Trojan
Stevie, you need to pay royalties to use songs that aren't in the public domain.


I see your point Tim, but in my script (and subsequent film, if I'm lucky), the band will be playing covers of the songs.

Not sure what happens in this instance but at no stage will the actual recorded songs be heard, just actors playing the muisc or however the director chooses to do it.
Posted by: Dreamscale (Guest), April 29th, 2011, 4:40pm; Reply: 15
I wouldn't worry about it one bit.  Least of your worries...
Posted by: DarrenJamesSeeley, May 1st, 2011, 12:42am; Reply: 16
I have a short script on the site here that is set in a mental ward. It is not based on any operating facility, and I made up a random name.

I would not worry about too much about "working hospitals", depending of course what you wantted to show. I do recall some medical fiction shows using a closed down hospital in LA somewhere that was used for sets many times.
Posted by: dogglebe (Guest), May 1st, 2011, 6:06am; Reply: 17
There are a couple of reasons not to include a playlist:

1.  For production purposes (and you should always write a script as if it's for production), you have to deal with royalties, which raises production cost.

2.  The producer may not like your choice in songs.  This could be a deciding factor, believe it or not.

3.  The producer may not be familiar with your song choices.  This could gnaw at him while reading.  "What's this Rover song?"  I remember reading a script where the writer had the band play several songs by two bands that I was not familiar with.  It got a little distracting after a while.

Describing the type of music is the way to go.


Phil
Posted by: Dreamscale (Guest), May 1st, 2011, 11:34am; Reply: 18
Phil is definitely correct here.

But, c'mon...who doesn't know The Rover??????
Posted by: stevie, May 2nd, 2011, 5:14am; Reply: 19

Quoted from dogglebe
There are a couple of reasons not to include a playlist:

1.  For production purposes (and you should always write a script as if it's for production), you have to deal with royalties, which raises production cost.

2.  The producer may not like your choice in songs.  This could be a deciding factor, believe it or not.

3.  The producer may not be familiar with your song choices.  This could gnaw at him while reading.  "What's this Rover song?"  I remember reading a script where the writer had the band play several songs by two bands that I was not familiar with.  It got a little distracting after a while.


Cheers Phil, sorry only just noticed your reply.

Um, yeah, well the songs that will be played are mostly well known, no real obscure ones. This is a very Aussie script that i'm hoping might be done here locally on the Gold Coast where it's set.
But my question again is, do cover songs need permission? So does every little pub band that does cover need to pay for the privilege?

Jeff buddy, yeah The Rover, top Zep song. I plan it to played about halfway through the set. Great album it's off to, their best I reckon

Describing the type of music is the way to go.


Phil


Posted by: mcornetto (Guest), May 2nd, 2011, 5:43am; Reply: 20
Cover songs need permission.
Posted by: stevie, May 2nd, 2011, 6:13am; Reply: 21
Hmm...thanks MC

Better postpone the music one for now and get my Custer epic going
Posted by: George Willson, May 3rd, 2011, 3:30pm; Reply: 22
Covers need permission, but it's a different sort of royalty issue. A lot of times, pubs and such have a type of license that covers any song played in their club and they just pay a fee for that general license. Churches have this sort of thing over here called CCLI where they pay an annual fee based on the normal attendance to play nearly any contemporary Christian or worship song that's out there. The way it works is that the CCLI company has contracted with the publishers of the music to allow these cover versions to be played. The organization reports which songs it played and CCLI pays the royalties to the publisher.

When you deal with covers, you deal with the publisher of the song, not the band. I would bet a producer would be happier to deal with covers than the original recordings.

That aside, I'm in the camp of write whatever you think you need for the story you need to tell and deal with the logistics later. If you haven't written it yet, then the last thing you need to concern yourself with is logistics of song royalties.

Same goes with the original hospital question. You need to finish your story first, and if the songs or hospital is an issue, fix it in rewrites.
Posted by: Dreamscale (Guest), May 3rd, 2011, 3:38pm; Reply: 23
Well put, George!
Posted by: stevie, May 3rd, 2011, 3:53pm; Reply: 24
Yeah thanks George! Appreciated
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