I’m an aspiring filmmaker who wrote a short script based on a joke I heard years ago as an exercise. I have no idea where the joke originated but have done a lot of googling and found numerous ‘versions’ of this joke online. All of the versions I have found of this joke online are different in many ways but all tend to keep the primary punch-line which makes the joke what it is. So I basically scripted out the joke so that it could be acted out and filmed as a short, short film!... I not only used the premise of the joke, but ultimately the verbiage of the joke as I know it to be, to write the script... I did this as an exercise in scriptwriting and as a way to experience the entire process of filmmaking, from scriptwriting to final production and everything in between...
My current question revolves around not wanting to get into trouble once I have a completed short, short film and then want to post it online for all to see. As I said, I'm, primarily doing this as an exercise in learning and experience but if, when I post it (someday), I can actually make some money on it then I assume that I will need to have this issue resolved. Is this joke/the premise of this joke something I can use without attribution or permission if it is in the public domain, which I believe I could make the argument that it is, or do I need to fully dig to try to find the original author and then secure rights to produce it as a film, however short it ends up? And further, how does one determine wether an idea or concept is in the public domain or not? And even if it is in the public domain, can I use it as it is or would I only have the right to use the idea but still need to change the words of the joke?
I look forward to whatever advice/input y'all can give as well as any other pointers you feel are pertinent to this question!
Full disclosure: I did accidentally post this question under another category before I realized what I had done, my apologies to the moderators and anyone else who notices this unfortunate twist of fate and is truly upset by it. I promise to pay better attention in the future...
I don't know. I don't think you can own an idea so much as make your own interpretation of it. There are so many premises and plots borrowing and copying elements from themselves, each other and other sources that it's harder to find something which ISN'T 100% unique. The idea itself isn't necessarily protected, it's the execution that's the crucial part.
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I wouldn’t worry about it. That’s why you hire a Lawyer and buy E & O insurance policy. (Assuming you want to make $ selling a short film).
Stefano & Dan -
Thanks for the input.
Stefano - although I do agree with you, the one thing that's important is that the words themselves might have a copyright on them. And in this case, since it really is the punchline that makes the 'joke' - not sure I can just not worry about it.
Dan - being that I am an "aspiring" filmmaker at the moment and that this project is primarily a learning experience, with the ability to 'maybe' make money on it a distant second, I'd prefer to keep costs down. Having said that, if understand what you're saying, if all I end up doing is post this as a completed short, short film (someday) for critique and just for people to hopefully enjoy, there's no need to go all out trying to find the original owner and secure rights? But that still begs the questions:
1) how does one determine whether an idea or concept is in the public domain or not?
2) And if it is in the public domain, can I use it as it is or would I only have the right to use the idea but still need to change the words of the joke?
Thanks again!
Nick - thanks, I'd never thought of it that way but that really makes sense. Will still do more research but have done quite a lot already so...
You said it is based on the joke and if that is the case any you aren't telling the same joke in your screenplay then you wouldn't have anything to worry about.
Nothing to worry about, i don't think Jokes are trademarks and it's your own joke if you ain't telling it the same
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Maybe one of the entertainment lawyers on Stage 32 can reach out to you. Never assume anything. Not worth the risk, so get a lawyer to make sure you clear copyrighting rules! and to the right thing with legal advice.
Dan & Louis - as I've said I'm using the same punchline, which is what I believe makes a joke a joke so, not sure I can just not worry about it, but thanks for the input, I appreciate it...
Ricki - here's hoping one of the lawyers on Stage 32 can clarify for me. Do you have any opinions about moving forward with this if I have no plans to make money from it but am only doing it for the experience? Still wondering if I can post it for critique/exposure if I don't have a definitive answer to my original question... Thanks for your input, I appreciate you taking the time to respond!