Screenwriting : Copyright question by Reid Johns

Probably both.

How old we talkin’ here? If in the public domain, then no permission is needed. ;)

Thanks guys. Unfortunately, it's not in the public domain until 2054 at the earliest.

Is this more inspired by? 'Cause it sounds like you are not using the song itself, per se, in the work, just basing the story on the characters within the song. You could change the names, etc—maybe? Plus, I assume you are adding much more new material, story elements, additional characters, etc, yes? Elements that are originally yours just to expand it into a story structure, enabling it to be a feature-length script. I dunno... it would be helpful to have some context here or know your creative intent. Is this, say... just for example, similar to the direct tie the Frosty the Snowman TV special has with the song it is based upon? We talkin' that kind of direct connection and adaptation? If so, I'd suggest talking specifics with an entertainment lawyer. As Dan G explained above, music can get complicated. Perhaps the original songwriter/singer does not own the rights, nor does his estate. Some music producer may hold the key. ;) Best to you! And good luck!

Beth, the screenplay would be based on the song "Big Iron" by Marty Robbins. It just started as me picturing what a video would look like for that song and it evolved into the idea of writing a western. I grew up in Fort Worth, so writing a western has some appeal to it. Anyway, I use the basic premise of the song which is just a showdown between an out of state Ranger and an outlaw in the town of Agua Fria, NM. In terms of characters, all I would really use is the antagonist, Texas Red, the town, Agua Fria, and the Ranger's gun, Big Iron. It's probably easier to just change those elements than it ultimately is to get the permissions on the song. Ironically, the song itself, isn't used in the script.

Ah, okay. Thanks for sharing more, Reid. Much appreciated. Yeah, I would suggest just using it as inspiration, as that seems to fit what you are contemplating. Avoid legalities altogether. Lol! Writers, artists, etc, borrow from influences but infuse their own personal take and vision and come up with something original. So when your script is written and people ask you how you came up with the idea, you say, oh, there’s this great song which got me thinking about westerns and I grew up in Fort Worth, and... ;))) Anyway, sounds great! Kind of reminds me of Taylor Sheridan’s work, which rather redefines the modern western. My two cents, I think the more you can infuse your own take the better. Hope that helps. I wish you the best with your screenplay. ;)

Check ASCAP as a start.

I love "Big Iron." For an amazing coincidence, I've recently written a scene using this song as my soundtrack while I was writing (don't worry, I didn't use the characters mentioned in the song). If you're not using the specifics parts from the lyrics (or notes from the song), makes no sense talking about copyrights. The song characters are pretty generic and there are a lot of similar types in lots of Westerns. You could simply leave out the name "Texas Red" and the setting of "Agua Fria." Of course, if you start putting together all the specific elements from the song, well... Oh, he might have went on livin' but he made one fatal slip . When he tried to match the ranger with the big iron on his hip

Ultimately, it was better to change up the characters and stories to the point that it's just a western with themes similar to the song. And, shock of all shocks, I entered the script into Stage 32's contest and it made it to the quarters.