Screenwriting : Stupid Question, maybe? by Michael Reutter

Here's Wikipedia on Fair Use: http://en.wikipedia.org/wiki/Fair_use Quoting a line or two from another movie would almost certainly fall under fair use. A bit of spoken song lyrics, maybe okay... but the amount of the sample matters, and how you're using it. Honestly, it were me, I'd find a nice old public domain poem to use instead of the song lyrics, lest I spook any potential purchasers/investors. But having a character jokingly say, "Go ahead, make my day"... that I wouldn't worry about.

Though, for the record, I'm no lawyer. The above is strictly folk wisdom, so get other opinions as well.

I don't see an issue with using them sparingly. Even if it caused concern with a producer it's easily changed. Beware lots of film references though, and characters talking about, or worse, complaining about films.

most of what I use is from the bible and one character utters a line from the song "take me to church" as they are walking up to a church. No criticism on my end. Never bite the hand that might feed me. thanks!

Ha. I used "that'll do, pig" in a script once too. :)

Perhaps you should ask why you need to use someone else's words to convey what your character wants to say. Sure, if it is about someone who has a "thing" for a character in one of their favorite movies, that would be appropriate, but using your own creativity is always best. You never know when your character might be uttering the next iconic phrase! Good luck with your scripts!

I have a scene where a character has not been home in about 4-5 years because he doesn;t like going home. His employer that knows this says to him "Just when you think you're out...". I use movie quotes when a mood needs to be lightened or when the characters understand why the quote is being said.

Perhaps the key is using a phrase from a film that has become commonplace, part of mainstream conversation -- pop culture. I mean, how many times have we heard, "Do you feel lucky, punk?" However, as Kerry said, there could be some restrictions depending on how much of the material you use. (?) We know a phrase cannot be copyrighted but you could be getting into some gray areas here. Perhaps run it by an entertainment lawyer just to double check. Seek out one on Stage 32. :)

Ask Kevin Smith. How many lines or references to other films has he used? Mallrats : Where do you get those wonderful toys?

I can only dream that something I've written becomes apart of pop culture. But that's what I'm trying to convey in my script. Small little bit of nostalgia. Nothing too crazy. But it's true that a lot of the writers that have become mainstream in their own right quote other films as commonplace. IE Kevin Smith.. He loves it and embraces it.

Mark is right about song lyrics -- though in a spec script the odds are probably in your favor that you might not get taken to court. Again, in a spec script, quoting a single line from some much older famous film probably won't get you strung up, but both of these add hurdles for any producer thinking about doing you film -- the hoops to jump through to track down the rights, pay the big bucks, etc.

Don't fret about this stuff in a spec script. Don't fret about this stuff as you sign the contract. Don't hide the fact that you're using lyrics during this whole process, just be ready and wiling to change the lyrics if the studio can't get a license for them. Be ready to change the lyrics when the actor decides that Rolling Stones has better lyrics than Enya. Or that the director decides the scene needs to be changed to a retro disco party. If it fits the story, go for it. If it's an awesome story and people start waving money at you -- then you make sure it's clear that you haven't done the legwork to research the rights. If it's an awesome script, everyone will find a way around -- or through -- that issue.