Adapted screenplay (without permission)

WildTrackDave

WildTrackDave

Well-known member
I hope this is in the right section, since I couldn't find a "legality" section. Feel free to move this if it's in the wrong area.

I wrote a couple short screenplays off a couple chapters from a novel I like. I figured if they were good enough, maybe I could enter them into some festivals. After much emailing and much redirecting, I found the address of the person responsible for the film rights to that particular novel.

I emailed him basically asking if I were to shoot and enter it into a film festival, would I get sued, and if so, is there anyway to get some kind of written consent to make the films.

I finally got a reply from him saying:
"Unfortunately we can't grant any rights in and to this novel for your use.
As a film school alum myself I wish we could accommodate this request, but I'm afraid we cannot."

Obviously, this means that I can't enter the films into film festivals. I was wondering if anybody has had any similar situations or suggestions on what I should/could do. Or should I just scrap the projects (pre-production) all together and move on?

Thanks.
 
Bottom line is: it is just not a good idea to adapt ANYTHING you don't own the rights to. If you are doing it as a learning process, I suppose it's okay but nothing will come of it since you don't own the rights to do anything with it.

If you really want to adapt something to be shot and cannot get the rights, look for something in the public domain like Poe or Dickens, Twain, LaFanu or whatever.l
 
Though some people like to use the "its easier to ask for forgiveness than permission" philosophy, I find its always best to negotiate terms of use up front. As an example I'm going through the process of examining the terms of a licensing deal with Warner Bros. for use of an image in a feature. This is part of determining the projected budget. Even though the project has a high degree of probability its going to also be distributed through them, its not a certainty until the final distribution paperwork is actually signed.

In your case you went ahead and created something without negotiating anything. Just about the worse thing you could have done. A great way to almost guarantee rejection.
 
Thanks for all the replies.

Luckily, the projects are still in pre-production, so I think I'll scrap one (it would involve filming on location in a cemetery (which would require purchasing production insurance (which isn't bad to have anyways, but I'll wait until I get something I can distribute))), and film the other (much easier) one for practice and experience.

Definitely not worth the effort. Thanks again.
 
If you really like what you came up with, consider modifying the key elements that identify the world. The story can probably be put in an original context.
 
That's true. Although, it may be somewhat difficult since most of the dialog and voice-overs are taken straight from the novel.

I'm going to scrap the more difficult one now and cut my losses, and continue on with the easier one for experience.

Thanks for everybody's advice. It was a huge help.
 
You must log in or register to reply here.
Back
Top