Legal issues of securing the rights to books

[d-mac]

Hi Everyone.

I just had a question about basing a script on a book, and whether or not I'd have to buy the rights to the book.

How old does a book have to be until its ideas become public domain and anyone can make a movie based on it? Or does it ever become public domain? For instance, obviously, I couldn't make a movie about a new Stephen King book without securing the rights.

How about The Red Badge of Courage, or an old book like that? Since someone already made a movie about the book, would this matter? Also, what if I just 'base' an idea on a book, and use a similar plot line, but not the actual story, does this matter?

Hopefully someone with some legal knowledge of the subject is out there, and if so, thank you for helping me with this question!

David

For those interested, no I'm not thinking of writing a script based on The Red Badge of Courage (that idea's all yours, haha), it was just an example.

[GenJerDan]

RB of C is Public Domain, so that'd be safe. (Likewise Occurance At Owl Creek Bridge, and a bunch of other stories you were forced to read in school).

A basic guidline: published before 1923 = go for it.

As far as plot swiping goes...there are only so many distinct plots. The same basic idea can be, is, and always will be reused and reused, differing only in detail. Just make enough changes, enhancements, differences to distinguish yours from theirs (and to keep the audience from getting bored or pissed...)

[Blaine]

Blade Runner is an example of a movie that was "based" on a book. If you had changed the names of the characters a person would have been hard pressed to recognize it. Now, in the case of Blade Runner, they DID credit Philip K. Dick. Dick has been a fertile ground for producing movies. I'm just saying that if you watch the movie and read the book, you begin to wonder how you get from point A to point B.

I like both the book and the movie, but this is one case where I actually liked the movie better. I realize I'm rambling here but...

[d-mac]

Thanks guys for that information!