Copyright Question?

[Lewis McGregor]

Hey Guys,

I've only just joined the forum, I usually obtain all the information I need from older posts but now I have a specific question.

So to get to my story. For the past two years I've been the sole creative force behind this web series Grim - We've just finished a crowdfunding campaign and ended up raising $19,200 - our target was $16,000. Write ups about us were posted all over the net, we were on the local radio and had a feature about us in the national Welsh newspaper.

Last night I had a phone call at 02:00 in the morning (GMT) from some guy in LA wanting to remake my series over in the states. He discussed how they would re-name the show and adapt it to their location and so forth, he started talking about crediting myself and offering me a lump some of money for the rights. That's when I kind of woke up and realised what he was talking about. I cut him short and told him we were not interested. But the way he was talking and presenting it to me was as if who ever he was working for had given it the go ahead and all they needed was my permission. He proceeded to tell me how much money was involved but again I said we weren't interested, this is a community project and everyone involved is making the series because they want to tell a story, not become filthy rich.

Now when we finished the call there was some uncertainty in his voice as if he thought that I was going to hand him over the rights in exchange for a pay-cheque. I know there have been cases where people have still gone ahead anyway and infringe the copyright. This series is completely unique and original. I'm a big fan of Tolkien and George R.R Martin and these guys inspired me to create a fully functional fictional world (See this article on daredreamermag.com about the creation of the story). In that sense as it's completely unique any reworking would be an infringement right? The whole process of this series has been documented online and we have also protected our selves with the UK copyright service. Not to mention we have a good 1000+ fans on facebook and nearly 2000+ followers on Twitter who have seen this grow.

[David Saraceno]

You should start with an intellectual property attorney.

[David W. Richardson]

You should start with an intellectual property attorney.

+1

Don't depend on the advice of virtual strangers, however well-meaning, when dealing with serious legal issues. Consult a qualified attorney. Doing anything less is a huge gamble.

[bosindy]

sounds like you have done everything necessary to protect yourself. If they go forward with a project based on your specific story it would be a copyright violation. But, creative works are copyrightable, ideas are not, and how much they change it could give them an opportunity to make something with similar themes. For instance, the film The Fast and the Furious has a very similar story to Point Break. That wasn't a copyright violation because of the changes made. One of the things that will hurt them going forward is that they have been in contact with you so save any correspondence. I would consider sending a certified letter stating once again that you own a registered copyright for the material and that they do not have permission for you to move forward on the project. (try to get an attorney to help you with the wording) Ultimately if they go forward with any project you will have a decision to make whether or not to litigate and then you will be spending quite a bit of money to protect your right.

[Lewis McGregor]

OK Thanks guys. Nothing has come of as of yet and I haven't heard anything back.

But so much hard work has been put into this by everyone into the community, we don't want some company to come along with $100,000's and snatch up the concept. Again we are registered with the UK Copyright Service but if there is an even stronger service available we'll look into that route too, so thanks for your answers.

[David W. Richardson]

OK Thanks guys. Nothing has come of as of yet and I haven't heard anything back.

But so much hard work has been put into this by everyone into the community, we don't want some company to come along with $100,000's and snatch up the concept. Again we are registered with the UK Copyright Service but if there is an even stronger service available we'll look into that route too, so thanks for your answers.

No disrespect intended, but if it was me -- I'd take the money and start up a whole new project. I'm never at a loss for ideas.

[Lewis McGregor]

No disrespect intended, but if it was me -- I'd take the money and start up a whole new project. I'm never at a loss for ideas.

Hey David, no disrespect at all and I can see where you are coming from. But this isn't just another film production. There's a whole ethos behind the movement of this series, everyone on board are talented people who have not had any luck and decided to take that normal 9-5 job, or life had simply passed them by and they had to drop their dream and focus on something they could actually grab. We've got all the young kids from the local school involved instead of going to casting agencies because most of the kids who study drama don't have the luxury of being able to cough up $300 to join an agency.

Even though I'm the producer/writer this project is everyone else's on board as much as it is mine. As cheesy as that sounds.

Don't get me wrong, I'd love the money. I have all that crowdfunding money sitting in my bank but I can't even pay my phone-bill or by decent brand foods. But this project isn't about selling out to make some cash, it's about team spirit and getting everyone involved. We just don't want some big shot to stroll in with more money than I can imagine and rip our hearts out. It seems we have taken every precaution necessary though.

There's a chance a BBC documentary may be made about us in the coming months so I'm sure that would offer more than enough security for us.

Cheers,
Lewis