Monday, November 16, 2009

Rules of Thought.

So now that we're all good and warmed up, I'm going to blog about writing. I don't usually blog about writing, or the biz, mostly because there are so many blogs out there that already cover all that needs to be:

Complications Ensue

Dead Things on Sticks
Ruts and Grooves
Typing Faster
Uninflected Images Juxtaposed

...to name a few.

I don't like to be redundant, so I don't get particularly talky on the hows, whos, whats and whys of writing. Once in awhile, though, a thought, question, or idea will strike me, and I'm unable to find any reference in the archives of my favorite writing blogs. So here's today's thought:

Ideas. Who owns 'em?

One of the reasons that I tend to shy away from discussing my writing, is because most people (other writers in particular) seem to have the obnoxious habit of saying, "Oh! And what if you did THIS with it... and then what if THAT happened..."

Sometimes, their ideas are good... and that's what irks me. Hearing someone else's clever augmentation of my own work, before I've thought of it myself. It's not an ego issue at all - rather, it's an issue of ensuring that credit is paid where credit is due. See, I'm new to the business end of this business, and therefore understandably cautious. The last thing I want to do is get marked as someone who unfairly borrows from others. So, exactly what constitutes unfairly borrowing? That's what I'd like to clarify.

Generally speaking, if I'm discussing someone else's idea with them, and I blurt out an extension of that idea, I do so with the understanding that they may take that extension and run with it. That's cool - I'm fine with that. However, I'm not totally clear on whether that's the norm. Is it acceptable? Should you clarify, and ask for verbal permission to use an idea when it's presented to you?

Obviously, if someone said to me, "Hey, Erin - I'm going to write a sitcom about boxes..." I wouldn't run home and start working on my OWN sitcom about boxes. Because really, that's a pretty shitty sitcom concept... more importantly, it wasn't my creation. But! If someone said to me, "Hey, Erin - your show really needs a box in it! A big purple box, that spits out chocolate bars and sings Happy Birthday..." well, then. I'd probably say, "That's a shitty idea. What's wrong with you?"

But there's a chance I might say, or think: that's exactly what my show needs.

So is the big purple box, that spits out chocolate bars and sings Happy Birthday mine for the taking? Mind you, we'd need to ADR the box with He's a Jolly Good Fellow instead, but that's beside the point.

Any ideas?

8 comments:

Vermyndax said...

I am absolutely not having a problem with aforementioned purple box.

Arwen said...

Well, I'm no intellectual property lawyer, but in most cases, I'd say you're free to use the idea. (Although you might say "hey, I might use that!" if you wanted to.)

With writing communities, mutual editing happens quite a bit, so you're usually safe with writers. Regardless of what happens, your voice is your own. There really are only a handful of stories retold.

Of course, I think this is a function of time they're committing, too. Morally, unless they sat down and sketched out a new plot for you (in which case, I'd consider them an editor), there's no need to feel bad about the addition of something minor.

HOWEVER. I would throw a bit of caution forward, insofar as when you share writing, there are those who get inspired and start wishing to write their story on your premise, only they'd like you do to it for them. We've all done that: "OMG, that's such a good idea, you know what (i-would-do) you should do with it....!"

The problem is that you get someone else's psychological stuff in your dream. Now, if you own it, it becomes yours, then it's not theirs anymore anyway.

But what input is MOST valuable is "Okay, I didn't see what you were going for." (listens to you trying to frame it.) "All right, these are the distractions that took me away from your momentum."

And then YOU the author have to solve the issue. Because very rarely is just "a box" needed - there's something much more. Even Jimmy Choos have significance that have to make sense, you know? So someone else's solution isn't nearly as interesting or helpful as the problem they're trying to solve.

SO: Ask the problem they're trying to solve with the box. Consider the problem. If the box is authentically your choice too, great; but problem solve it from you.

M J Reid said...

I actually scuttled a promising short script because, during pre-production, I heard one of my friends had a similar idea that they were working on. So, yes, stepping on ideational toes is a concern for me. I don't want anyone to think I stole from them.

However, I have no problems with a good idea / plot point / dialogue bit I came up with being used by another writer. Ideas are free. If, in conversation or workshopping, I come up with something another writer wants to use, it's fair game. Take it. I'm happy that I contributed in some small way to a better story. They're the one executing it, which is by far the harder job.

Gmajor said...

Bear in mind that ideas aren't copywritten, just the words. Think of the number of times Hollywood has provided us with three or more movies a season with amazingly similar concepts (A Bug's Life and Antz for instance.Armageddon and Deep Impact for another.) They share the concept, but not the execution, and most importantly, the words.

But yeah, you have to be a little careful that someone's not sending you something just to sue you. JMS had a story about that, having met a fan who told him he was going to deliberately trap James Cameron by sending him an open script of something he knew was in development, then suing him. It didn't work, but that attitude is out there.
That's why some writers "won't read your fucking script".

I don't know if there's a legal precedent for blogs; I would assume that it's all open communication so no grounds for action, but then there have been lots of lawsuits that worked I wouldn't fathom had any basis in reality.

Most writer bloggers when writing about their own writing, write about something that's already out there, that people have seen, so there's no dispute.

If you need to work things out, however, send it privately to someone you trust.

Erin said...

Vermyn, you may take the purple box and run with it, with my blessing!

Arwen, some very good points. And you made me realize something that I often end up doing; riffing off the thoughts of others. I'm wholly cautious of people who relate to my story but see it told differently... unless of course they're my producer, in which case I need to present a case to prove it should be played out the way I'd like it. Asking questions for clarity could help; what are we trying to fix, rather than what IS the fix. A lot of the tidbits that I'm referring to are just that - layers of flavour that don't have a lot of bearing on the story overall. But will try that next time a situation presents itself.

I've done the same, Micah - or, in the interest of disclosure I'll say something along the lines of, "Oh - interesting! I've been working on something similar..." and see how they react. Most times, we'll short-pitch each other and the ideas are dissimilar enough that it's not a cause for concern. Mostly, I'll bring the subject up to see how the other person reacts - if I get a defensive vibe, then I'll drop it and let it go (unless it's something I'm knee deep in, like my show... fortunately, I haven't met anyone else working on something similar yet).

Good points too, Garner. I'm not sure about blogs, but recently the blogger behind Diary of a Call Girl came forward. I haven't read anything about whether or not she'll receive compensation, yet. But it's her story - I'd think she's entitled to something. Have to keep tabs on that and see how it pans out. Generally speaking, though, I try not to post anything in my blog that I don't want to lose.

sean said...

I was going to blog on this very subject, but you just did...

Erin said...

Oops. Sorry Sean.

Gmajor said...

If you're basing it on a real person's life, there are rules. You have to get their permission, and likely pay them some kind of option to do so. I seem to recall a story about the real Rocky Balboa suing Sylvester Stallone for making movies about his life without paying him.