Characters Are Copyrighted

Posted by SOTTO Tuesday, July 17, 2012

Q. I want to write a screenplay about a character from a series of movies.
You can't sell a screenplay that uses a character owned by someone else. For example, you can't sell a screenplay in which Gandalf the Grey shows up, or Travis Bickle, or Jason Bourne, or Benjamin Braddock.

You could steal a characterization. You could write a character who is much like how you imagine Benjamin Braddock would be all grown up, or Jason Bourne after he's retired, or Travis Bickle when he was in the Marines. You couldn't use the character's original name -- you couldn't ride for free on the character's notoriety. So you would have to work very hard to make your Bickle-esque grunt as compelling as the one who showed up in TAXI DRIVER.

Of course, this only works when the character is interesting beyond his context. Would Ben Braddock be interesting to watch outside his existential post-Graduate crisis? Is Jason Bourne a great character, or just an ordinary spy superhero in a slightly fresh and superbly crafted situation? Gandalf outside of LOTR becomes a cliché wizard.

But why mimic someone else's character? Instead, steal the character, but then invest him with your own ideas. Don't just poach Travis Bickle and put him into the Marines. Create your own crazy vet, based on your own real-life experiences and research. Steal from that boyfriend who always seemed like he was going to explode, and use that street corner you were never comfortable going around. Use Travis Bickle, sure, but use him as a springboard into your own invention.

Steal as much as you like, but don't just steal. Make the character your own, and you're in good shape.

Note: I am not a lawyer and this is not legal advice.

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