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I write screenplays -- no sales yet, but I'm working on it. For a
script I have in mind, I want to open with a scene where a group of
people are sitting around playing the "If..." game. In case you have
not heard of it, it's based on an actual book, "If..." which is filled
with questions for discussion -- If you could spend one night with
anyone in the world, who would it be? Etc.
The thing is, not wanting to get involved in issues of rights, I don't
plan to have the characters actually reading from the book.
Now, here's a two part question, although the first part seems like a
no-brainer to me. Suppose I have my characters playing this kind of
game, but they are not using the actual book, and further, I make up
my own If questions -- questions which are not part of this book
series. Correct me if I'm wrong, but it seems to me that people can
sit around in a movie and ask each other hypothetical questions about
life -- "If..." type questions -- and as long as the questions are not
from the book, and no mention is made of the book, the authors of the
book cannot claim any copyright violation or violation of their
intellectual property rights. Again, tell me if I'm right or wrong.
Now, second question, the kicker: There is in fact one question from
this book that I actually want to use. One question. It seems to me
it's a question that anyone might be able to come up with, even if
they never heard of the book. For example, one of the questions in
the book -- not the one I plan to use for my movie, but a real
question from this published book -- is "If you could change one thing
about your life, what would it be?" It seems to me that that is a
question that people could reasonably arrive at on their own, even if
they never heard of the book.
Now, my real-life IF question is, if my movie opens with a dialog
where one of the characters happens to ask one single question that is
actually in the "If..." book, is that grounds for a lawsuit? Two
scenarios: (A) The character happens to phrase the question exactly
as it's posed in the real book, and (B) A word, or two or three, are
changed, but it's essentially the same question found in the book.
Any hints as to my legal vulnerability or (hopefully) lack thereof
would be much appreciated.
Regards,
JC
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I write screenplays -- no sales yet, but I'm working on it. For a
script I have in mind, I want to open with a scene where a group of
people are sitting around playing the "If..." game. In case you have
not heard of it, it's based on an actual book, "If..." which is filled
with questions for discussion -- If you could spend one night with
anyone in the world, who would it be? Etc.
The thing is, not wanting to get involved in issues of rights, I don't
plan to have the characters actually reading from the book.
Now, here's a two part question, although the first part seems like a
no-brainer to me. Suppose I have my characters playing this kind of
game, but they are not using the actual book, and further, I make up
my own If questions -- questions which are not part of this book
series. Correct me if I'm wrong, but it seems to me that people can
sit around in a movie and ask each other hypothetical questions about
life -- "If..." type questions -- and as long as the questions are not
from the book, and no mention is made of the book, the authors of the
book cannot claim any copyright violation or violation of their
intellectual property rights. Again, tell me if I'm right or wrong.
Now, second question, the kicker: There is in fact one question from
this book that I actually want to use. One question. It seems to me
it's a question that anyone might be able to come up with, even if
they never heard of the book. For example, one of the questions in
the book -- not the one I plan to use for my movie, but a real
question from this published book -- is "If you could change one thing
about your life, what would it be?" It seems to me that that is a
question that people could reasonably arrive at on their own, even if
they never heard of the book.
Now, my real-life IF question is, if my movie opens with a dialog
where one of the characters happens to ask one single question that is
actually in the "If..." book, is that grounds for a lawsuit? Two
scenarios: (A) The character happens to phrase the question exactly
as it's posed in the real book, and (B) A word, or two or three, are
changed, but it's essentially the same question found in the book.
Any hints as to my legal vulnerability or (hopefully) lack thereof
would be much appreciated.
Regards,
JC
The book is nothing more than a compilation of public domain items.
Such as a book about a list of flowers with photographs.
Since there is no outright mentioning of the author's book, just off the
wall random questions, the author has no basis for an infringement suit.
Even if one question just happened to be in the book.
"if a picture is worth a thousand words....."
"if you were granted three wishes......"
"if you were given 1 million dollars...."
Chances are very slim that he would have any real case.
Just write it and don't worry about it.
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jchen992001@yahoo.com (JChen) wrote in message news:<55271aea.0307271819.5739f29@posting.google.com>...
I write screenplays -- no sales yet, but I'm working on it. For a
script I have in mind, I want to open with a scene where a group of
people are sitting around playing the "If..." game. In case you have
not heard of it, it's based on an actual book, "If..." which is filled
with questions for discussion -- If you could spend one night with
anyone in the world, who would it be? Etc.
The thing is, not wanting to get involved in issues of rights, I don't
plan to have the characters actually reading from the book.
Now, here's a two part question, although the first part seems like a
no-brainer to me. Suppose I have my characters playing this kind of
game, but they are not using the actual book, and further, I make up
my own If questions -- questions which are not part of this book
series. Correct me if I'm wrong, but it seems to me that people can
sit around in a movie and ask each other hypothetical questions about
life -- "If..." type questions -- and as long as the questions are not
from the book, and no mention is made of the book, the authors of the
book cannot claim any copyright violation or violation of their
intellectual property rights. Again, tell me if I'm right or wrong.
Now, second question, the kicker: There is in fact one question from
this book that I actually want to use. One question. It seems to me
it's a question that anyone might be able to come up with, even if
they never heard of the book. For example, one of the questions in
the book -- not the one I plan to use for my movie, but a real
question from this published book -- is "If you could change one thing
about your life, what would it be?" It seems to me that that is a
question that people could reasonably arrive at on their own, even if
they never heard of the book.
Now, my real-life IF question is, if my movie opens with a dialog
where one of the characters happens to ask one single question that is
actually in the "If..." book, is that grounds for a lawsuit? Two
scenarios: (A) The character happens to phrase the question exactly
as it's posed in the real book, and (B) A word, or two or three, are
changed, but it's essentially the same question found in the book.
Any hints as to my legal vulnerability or (hopefully) lack thereof
would be much appreciated.
Regards,
JC
Look up the "scenes a faire" doctrine; I think it is your friend in
this situation. "'Scenes a Faire' basically consist of the details,
characters, events or elements of a fictional story that are inherent
to the conventional telling of that kind of tale." (Copyright Casebook
- Raiders of the Lost Ark - Paramount Pictures and Richard Zambito, at
http://www.benedict.com/visual/raiders/raiders.asp)
Conversations ensuing from "what if..." questions are a commonplace
thing and such a common foundation for a story that the copyright of
"If..." shouldn't be given such scope as to cause all of them to fall
under it. Such a conversation should be a "scene a faire". Similarly,
the question "If you could change one thing about your life..." is
such a commonplace that a copyright on the question alone shouldn't
stand a chance.
But if you stray too close to the format of the book -- following its
rules, for example, your position would seem to be quite a bit
riskier. Now you've copied elements that aren't so essential to the
telling of your story, and your story itself isn't quite so original.
--
Not a lawyer, and you really need a copyright lawyer for this,
Chris Green
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