OK, so let's say you love a movie from years back and want to write a remake because the original film never really got it's due. Is it OK to write and shop around a remake without any legal problems due to the original studio that owns the film/characters? Will the issue of rights and other factors only be a problem when someone wants to actually make the film? I would appreciate any advice on this.
"Is it OK"
Kind of a broad question. Legally you cannot write or shop around a script that you don't have the rights to. Is it OK? Meaning will you end up in jail? No. You won't. However, no agent, producer, prodCo, developExec, actor or director will look at your script. There are legal issues there and it's just not worth it to them.
So it's OK to do it, but you cannot show the script to anyone - even if it's really good. My advice is don't waste your time.
=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
Certified,
I am not really sure I agree with you - even though I was asking the question. Reason being is that you always hear about screenwriters writing remakes and sequels without any involvement from the actual studio who would be producing it based on the rights. It's only later that they buy the screenplay.
For example, there were a few Rambo IV screenplays floating around and getting reviewed on various movie sites as being very good and even David Morrel - the guy who created the characters mentioned one was extremely well written. None of these screenplays were actual studio screenplays, HOWEVER some story points from the screenplays have been added in the real Rambo IV screenplay.
I am sure there must be a fine line. Certainly if the screenplay was amazing and the production company thought the idea of a remake was interesting - they would take care of the rights. I suspect too that the reason why we have so many remakes is because someone plopped a remake screenplay on the desk of some producer.
It seems that you already have the answer you're looking for, adam. I wish you luck with your script.
=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
The point it is it would be a miracle if you earned money off of the remake screenplay. The odds are verymuch stacked against anyone buying it. It might spur someone into wanting to read your other stuff *if* it's really good. It might serve as a springboard but to be honest you might as well do something original if you're gonna spend that much time on it.
On the other hand if your idea is based on Greek Myth, the Bible, or Robin Hood or something that is beyond copyright the story is probably different and your remake may be sellable as it's not really a remake but a reimagning of the same old tale.
RJSchwarz
San Diego, CA
RJSchwarz
