By: Sarah Chaisson-Warner
Intellectual property – known in the business as IP – is all the rage in Hollywood, with films based on IP showing a sizable increase over the last decade. But what is IP and how does it work? And how can you create your own IP to help advance your screenwriting career? Read on for advice, tips, and general know-how!
What is IP?
The formal legal definition is “a work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, trademark, etc.”
In layman’s terms, IP encompasses creative works that are legally protected. Examples of literary intellectual property include:
- Music and lyrics
- Poems
- Novels and short stories
- Podcasts
- Comic books
Why is IP popular?
Many of the films based on IP are well-known in the popular lexicon – think superhero movies like Spider Man and Ant Man. This year, two of the highest-grossing films were based on IP that have been staples of many of our childhoods for decades – Barbie and The Super Mario Brothers Movie made over $500 million in the US alone.
And while we’re certainly seeing a rise in IP-derived movies, it isn’t a new phenomenon. The Ten Commandments (released in 1956) is considered an IP-based film because even The Bible is considered intellectual property in the film industry.
But what do IP-derived films provide that spec scripts and original works don’t?
Intellectual property provides producers and studios with name recognition, often with a built-in audience and some evidence of its success.
Branding is critical to the success of any film, and already having an established brand and name recognition puts you one step ahead of original films. Most people – adults and kids alike – know the Super Mario Brothers game, whether you played it on an original console in the 1980s or you’re playing a newer version on a Switch. There’s a certain level of comfort in already knowing the main characters and basic premise of the brand.
Producers and studios also can see, in many IP cases, the possibility for success. They see the number of books sold in the US and around the world, or the popularity of a particular character created for a YouTube channel. Think of blockbuster books like The Harry Potter series or The Hunger Games series. This gives them a certain level of confidence that their film will also see success in its release.
But not all films based on IP have been a sure-fire hit. This past year, the most recent installation of the Indiana Jones film had an underwhelming performance at the box office, particularly considering the hefty price tag for making it. (Wait – how is the most recent Indiana Jones an example of IP, you may ask? The first Indiana Jones movie was original content, but any following films based on his adventures are now based on intellectual property.)
How can I use IP to advance my career?
Of course, the success of IP-derived films in general doesn’t necessarily mean that original content films are dead. But you may consider the many ways that investing in IP can advance your screenwriting career. “IP is king right now,” says showrunner Sarah Fain on a recent episode of her podcast Happier in Hollywood. “Adaptation muscles are essential.”
Here are a few ways you might consider engaging with IP –
(1) Acquire IP: If you’re just starting out, or maybe you’re even a somewhat established writer, acquiring IP for the most popular books, articles, podcasts, etc is likely not in your wheelhouse nor in your budget. But not all scripts need to be based on the hottest-selling book right now. Think beyond the current blockbusters – is there a particular poem that inspired you as a young adult? Or perhaps lyrics from a song that has always been a favorite? Once you determine the IP you wish to acquire, you can work with the writer’s representation as well as your own lawyer to license or option the adaptation rights. Pro tip – don’t ever do this yourself. Intellectual property law can be complicated and there are a multitude of ways that a homemade contract could go sideways. The support of a trained lawyer is essential.
(2) Use property in the public domain: The public domain encompasses property that anyone can use. Sometimes a property has become public domain due to the expiration or loss of copyright, or the death of the copyright’s owner. A lot of common characters and creative works are currently available for use in the public domain – even Shakespeare is! Other characters in the public domain include King Arthur, Peter Pan, and Sherlock Holmes. But remember that even though these characters are in the public domain, if you write a film based on them, you must provide a unique spin to ensure you aren’t infringing on copyright from other studios. For example – you couldn’t write a script about Peter Pan returning home to Neverland, but you could write a horror film featuring him.
(3) Create your own IP: While creating IP can be expensive, there are several lower-cost ways of creating your own IP from which you can write and market your script. Consider writing a short story or creating a podcast – once you’ve finished it, you are now the owner of that IP. Several podcasts have become the basis for hit TV shows, including The Dropout on HULU starring Amanda Seyfried and Dirty John on BRAVO starring Connie Britton. Short stories that were adapted into films include The Curious Case of Benjamin Button, All About Eve, and The Secret Life of Walter Mitty.
Learn More
Interested in learning more about IP and its use? Listen to the Happier in Hollywood podcast, where seasoned television writers with experience using IP share their thoughts about what they look for in adapting existing works. You can also learn more about the use of public domain through Stanford University’s Fair Use website.
And whether or not your Feature script is based on IP – our esteemed industry judges want to read it! Submit to our Feature Contest before the final deadline August 30th.
