John August

fixed

History of Confederated Products

Big Fish, QandA

Congratulations on Big Fish. I have a silly question concerning the “Confederated Products” throwaway about halfway through that movie. Since that’s a reference to your previous work, rather than Tim Burton’s, how did it get there? That is, did you include it in the script, or did someone else suggest it?

–Patrick Bowman

For those who don’t know the reference, “Confederated Products” is the Amway-like company that serves as a major punchline in the third part of Go. Originally, the company was supposed to be American Products, but the legal department couldn’t get clearance on the name. I had to submit a list of alternatives, and Confederated Products was the best one that checked out okay.

Since then, I’ve tried to use Confederated Products in every project. (Likewise, I also try to use Melissa McCarthy, who is similarly terrific and versatile.) I just write “Confederated Products” into the script and hope no one tries to change it. Generally, they don’t. After Go, Big Fish is the biggest use of the brand name, but it was also used in the first Charlie’s Angels — though I’m not sure you can see it.

I’ve always been a big fan of giant, insidius imaginary corporations such as Acme or Weyland-Yutani. I registered ConfederatedProducts.com just so I could be sure to have the name for future projects.

Including illustrations with your screenplay

QandA, Words on the page

questionmark
I know it’s a big no-no to include drawings or images in your screenplay, but is it ever okay in certain circumstances?

For example: I’m writing a script where the town that the story is set in is integral to the plot. A fight breaks out there in key sections of the town’s layout and it is all very well co-ordinated.

In this case, is it possible to include a small map of the town’s layout?

I’ve tried describing the town and its layout in detail, but it ends up at over 3 pages…and that’s condensed. Surely a small map could help the reader better understand the details of the action scenes?

–Matt

answer iconI recently read the first few books of THE SPIDERWICK CHRONICLES, and sighed with nostalgic longing at the map on page two which shows the layout of the little town. The author/illustrators had gotten it just right. I immediately flashed-back to my sunbeam days of youth, as an eager young reader flipping to the map to figure out what route Bobby would take to get to the Old Mill.

Cut to the present. I’m going to stick to my guns and say it’s never okay to include drawings with a screenplay. For as often as screenwriting is compared to architecture, there’s one crucial difference: it’s not really architecture. With clever descriptions, the screenwriter gets to evoke the feeling of a small town, with its lazy cobblestone streets and general store on the corner. But you’re not allowed to literally draw the map.

I know that for something like a fight sequence, a schematic might make life a lot easier, but words are all you get. Focus on the emotion and story moments of the fight, not the logistics, and everyone will be better served.

The difference between homage and rip-off

QandA, Story and Plot

questionmarkYou knowing a lot about screenwriting and the law, I’ve got a question about ethics and rights; When is a screenplay an ‘homage’, as opposed to an illegal rip-off/unauthorized remake?

Let’s take Seven Samurai for instance. It was remade officially and legally as Magnificent Seven, but then there have been other versions of the story made since then — most notably Battle Beyond The Stars and, to an extent, A Bug’s Life. I might be mistaken, but I’m almost certain these films didn’t have remake rights. How was this done?

Is it all a matter of “shut your mouth about the source and you’ll get away with it”? For instance; I’ve noticed that despite it being blatantly obvious; Tarantino has never been quoted as saying City On Fire was an inspiration for Reservoir Dogs. However, James Cameron came right out and said that some short works by Harlan Ellison were the inspiration for The Terminator — and then he got sued.

Is it a case of altering the situations, names and characters to the point where they are dissimilar enough to pass as a new work?

Or do you consider a pre-told story an ‘archetype’ from the point it enters the public arena? I could see that being the case for Seven Samurai — the story has been re-told so many times that the very core of the story (seven warriors defending a village from bandits) has now become an archetype. Would you agree?

Let’s put the theory in practice with a hypothetical: I write a script about a bank that hires seven police officers to guard them from a large-scale robbery they have heard rumored will take place (no, that’s not a script I’m working on…feel free to steal that idea if you want, people).

Would it really come down to the difference of me saying “I thought it was a great story and wanted to pay homage to the master; Kurosawa” — as opposed to “I thought it was a great story, so I blatantly stole it.”?

Even if you’re not sure about the legal side of things, what would be your opinion on a writer working on an homage piece?

–Pete

answer iconThe great thing about your question is that it already did all the hard work for me. Observe and learn, dear readers: see the wonder of the self-answering question.

Basically, I think you’re right on all counts. An “idea” is essentially unprotectable, so seven guys defending a village can be done any number of times without owing a dime (or a tip of the hat) to Mr. Kurosawa. What is protectable is the execution: the plot, the characters and all of the details. The Magnificent Seven is a remake in that it took all of these elements fairly directly. The others are appropriating only the basic idea, or small details, and are thus labelled “homage.”

Regarding your theoretical bank-heist movie: yes, I think you’d be in the clear, but only to the degree you kept the characters and specific plot points far clear of Kurosawa’s film. And when you’re doing interviews, shut up about your influences.