Doctor Who writer recalls unmade Christopher Eccleston episode – with familiar monster
Robert Shearman's Dalek was almost very different.
I think it was quite fun, really. The monster in Van Statten's cage was now this mysterious sphere, that had come out of nowhere and destroyed the Time Lords - and the anguish the Doctor felt was that he had never found out what they were.
"I remember a scene where the Doctor is at last forced to kill it to save Rose - and even as it's dying, he's cradling it and begging it to tell him what it is. 'Shan't,' says the sphere.
Where they would have gone had they not secured the rights to the Daleks.
Wait, how could they not have the rights to the Daleks? Isn't all of this owned by the BBC? I realize things very recently got complicated with Disney, but this was long before that.
No, in Classic Who many of the writers retained at least some rights to the creatures they created. Terry Nation held the rights to the Dalek character, while the BBC holds the rights to the Dalek design.
So if the BBC wants to make a Dalek episode, they need to get permission for the character from the Nation family (Terry himself has passed away.) If the Nation family wanted to do a spinoff with the Daleks (as Terry himself tried to do in the late 60s,) they would need the BBC’s permission to use the same design.
The copyright for the Daleks is held by the estate of their creator Terry Nation. They license it to the BBC.
Edit: This article seems to sum it up pretty well.
This would have had implications far beyond the one episode - in this alternate universe, the Time Lords were wiped out by the Toclafane, aka humanity...