That's what someone asked on a forum the other day. Luckily for that person, I happened to read some of the answers others provided him. Here's what I wrote:
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First off, yes, it's okay from a copyright standpoint to write a scene from a movie using different characters and, of course, your own wording. That's called rewriting or paraphrasing, and it's perfectly legal. As for the other answers you've received to your question, I once gave a lecture at Dixie State University and knew several students and teachers there, and while I don't want to cast aspersions, I wouldn't put a whole lot of stock in advice about copyright law that someone who "studied Psychology and Creative Writing" there just gave you. Ditto for anyone who says that the "scene, as well as the movie, is the intellectual property of the writers."
So, if I describe a scene of Tara from Gone with the Wind in my own words in my next book (that's the question here, remember?) and I rename it Terrance, I'm going to Copyright Hell? Is that the way things work in your world? Uh-uh.Not in mine. In my world, scenes can't be copyrighted. Only the exact phrasing one uses to describe it, assuming it's not a generic descriptrion already in wide use throughout the lexicon. I suggest you study the U.S. copyright laws before leading people down that "yellow brick road" (which, by the way, is not a copyrighted "scene" and can be used anywhere by anyone at anytime, although there may be other reasons than copyright infringement for not doing so—read on). The reason you can use it is that, if copyright extended to scenes, we'd no longer be able to describe a setting as an "idyllic wooded grove," "a babbling brook," or a "rusting old farmhouse with a dilapidated white picket fence." Get it? Yeah, I didn't think so. Read More