Reader question: Is there a way I can protect a story that is in the public domain?
From Larry in the UK:
Scott,
Great board — gets a daily visit and never disappoints.
I have an SP that deals with a historical character who has, so far, remained under the radar. It’s a really great story, He’s long gone so there are no legal issues.
This is the thing. Once I expose it to a production company, do I have any protection whatsoever — what’s to stop them getting out the history books and doing it themselves.
Is it just a case of making sure my ‘take’ on it is what they want to buy, rather than the facts of the story?
Anything else I can do?
[Usual caveat: I’m not a lawyer, I don’t play one of TV, and to my knowledge, I’ve never dated one, although my wife is so good at winning arguments, I’m convinced if she had pursued legal studies, she’d be the Attorney General by now.]
The upside of a story that exists in the public domain is that you don’t need to obtain the rights to the events. The downside is that by not being able to obtain rights, there is — as you point out, Larry — no reason why a producer or studio can go around you to do their own version of the story.
Two things. First, if there are specific individuals in the actual historic events, you can track them down and try to secure their life-rights as related to the story. At that point, you are acting much in the way of a producer, and you can pitch the story with the life-rights attached. Second, in addition to or in lieu of securing participant rights, I would advise you to write your own version of the story, then copyright it. Armed with that, you can pitch the project, and even if a studio may prefer to go with another writer, there’s a good chance they will buy your script or book in order to secure the story rights from you. In effect, your script or book corners the market on every narrative detail you include in your written work. And in a perfect world, you’ve provided such a unique spin on the narrative, the studio will want to work with you as the writer.
Again always best to seek the advice of an entertainment lawyer.
GITS readers, if you have any advice for Larry, please post in comments