I'm sorry if this is an obvious question. I was thinking of adapting a Flannery O'Connor story for the screen and making a 20 min. film out of it, perhaps taking a few liberties here and there with the plot. It dawned on me last week: is this even legal? O'Connor, by the way, was an American novelist/short-story writer who died in the 1960's. Does it make a difference whether or not I'll make money on the film (I highly doubt it!) or whether it would be screened at festivals where people might pay to get in? Do I need permission from O'Connor's estate? What if the movie is only "inspired" by the story and therefore diverges from it in many places? Again, forgive me if these questions expose me for being the novice that I am.
OK to make a movie of a classic short story?
- Thread starter briankay
- Start date
Barry_Green
Moderator
Re: OK to make a movie of a classic short story?
For items that are in the public domain, you need no permission (which is how Roger Corman made a fortune, adapting Edgar Allan Poe stories for the silver screen).
Sounds like there would be copyright issues with what you're talking about. Using someone else's characters, even in an entirely new story, can get you into copyright trouble (see what happens to "fan fiction" when they put Kirk and Spock in their entirely new stories... Paramount still drops the hammer on 'em). Copyright can extend to the characters, to the planets and settings, all sorts of things.
Best to ask permission -- they may give you permission for free. If they won't, then don't do it. And if you want to be really sure, ask a lawyer.
For items that are in the public domain, you need no permission (which is how Roger Corman made a fortune, adapting Edgar Allan Poe stories for the silver screen).
Sounds like there would be copyright issues with what you're talking about. Using someone else's characters, even in an entirely new story, can get you into copyright trouble (see what happens to "fan fiction" when they put Kirk and Spock in their entirely new stories... Paramount still drops the hammer on 'em). Copyright can extend to the characters, to the planets and settings, all sorts of things.
Best to ask permission -- they may give you permission for free. If they won't, then don't do it. And if you want to be really sure, ask a lawyer.
J.R. Hudson
Spirit Animal
Re: OK to make a movie of a classic short story?
Barry
Do you by any chance know a resource that lists literary works considered in the public domain? Whats the best way to find out?
Barry
Do you by any chance know a resource that lists literary works considered in the public domain? Whats the best way to find out?
Re: OK to make a movie of a classic short story?
[quote author=Barry_Green link=board=writing;num=1098578730;start=0#1 date=10/23/04 at 18:39:13]
Sounds like there would be copyright issues with what you're talking about. Using someone else's characters, even in an entirely new story, can get you into copyright trouble (see what happens to "fan fiction" when they put Kirk and Spock in their entirely new stories... Paramount still drops the hammer on 'em). Copyright can extend to the characters, to the planets and settings, all sorts of things..[/quote]
WELLLLLL . . .
They have yet to drop the hammer on these guys:
www.starshipexeter.com
www.newvoyages.com
And have mentioned the top group in their official fan club magazine.
But of course what you say is correct, G-man! O'Connor stories are not in the public domain.
[quote author=Barry_Green link=board=writing;num=1098578730;start=0#1 date=10/23/04 at 18:39:13]
Sounds like there would be copyright issues with what you're talking about. Using someone else's characters, even in an entirely new story, can get you into copyright trouble (see what happens to "fan fiction" when they put Kirk and Spock in their entirely new stories... Paramount still drops the hammer on 'em). Copyright can extend to the characters, to the planets and settings, all sorts of things..[/quote]
WELLLLLL . . .
They have yet to drop the hammer on these guys:
www.starshipexeter.com
www.newvoyages.com
And have mentioned the top group in their official fan club magazine.
But of course what you say is correct, G-man! O'Connor stories are not in the public domain.
Jim Brennan
VHS Member Old Skool
Re: OK to make a movie of a classic short story?
Contact the publisher and ask. They are usually happy to give you the info.
Contact the publisher and ask. They are usually happy to give you the info.
J.R. Hudson
Spirit Animal
Re: OK to make a movie of a classic short story?
Someone mentioned once that you can option any STEVEN KING story (or short stroy) for a dollar. I could be talking out my tail but someone did say this.
Anyone know if this stands up?
Someone mentioned once that you can option any STEVEN KING story (or short stroy) for a dollar. I could be talking out my tail but someone did say this.
Anyone know if this stands up?
Barry_Green
Moderator
Re: OK to make a movie of a classic short story?
I don't know exactly. I'm sure there are ways to know, but I'm not up on it. Typically you can tell by the year, as in just about everything written before 1924 or so should be in the public domain (talking off the top of my head here), but copyrights can be renewed (witness Mickey Mouse, who was due to enter the public domain here within the last couple of years)...
I don't know exactly. I'm sure there are ways to know, but I'm not up on it. Typically you can tell by the year, as in just about everything written before 1924 or so should be in the public domain (talking off the top of my head here), but copyrights can be renewed (witness Mickey Mouse, who was due to enter the public domain here within the last couple of years)...
J.R. Hudson
Spirit Animal
Re: OK to make a movie of a classic short story?
Wouldnt have that been something if Disney botched that? I laughing just thinking about it. I looked around online and that sounds right Barry. I guess the range is usually somewhere between 75 to 90 years.
Wouldnt have that been something if Disney botched that? I laughing just thinking about it. I looked around online and that sounds right Barry. I guess the range is usually somewhere between 75 to 90 years.
Re: OK to make a movie of a classic short story?
Thanks for the input, everybody. It sounds like the concensus is that stories as recent as O'Connor's are still protected and I better cross all my T's before moving ahead. I think I'll try to get in touch with her estate. If anyone's interested to hear the results, I'll try to post again when I get a response from them. By the way, this site is an absolute inspiration and I'm honored to be in the presence of such encyclopedias of film knowledge.
Thanks for the input, everybody. It sounds like the concensus is that stories as recent as O'Connor's are still protected and I better cross all my T's before moving ahead. I think I'll try to get in touch with her estate. If anyone's interested to hear the results, I'll try to post again when I get a response from them. By the way, this site is an absolute inspiration and I'm honored to be in the presence of such encyclopedias of film knowledge.
HansK
Veteran
Re: OK to make a movie of a classic short story?
[quote author=John Hudson link=board=writing;num=1098578730;start=0#5 date=10/23/04 at 21:05:36]Someone mentioned once that you can option any STEVEN KING story (or short stroy) for a dollar. I could be talking out my tail but someone did say this.[/quote]
Yup, I mentioned this. He even talks about it in his book "On Writing". Btw - I highly recommend reading it. Very inspirational. Similar to reading Rodriguez's book.
[quote author=John Hudson link=board=writing;num=1098578730;start=0#5 date=10/23/04 at 21:05:36]Someone mentioned once that you can option any STEVEN KING story (or short stroy) for a dollar. I could be talking out my tail but someone did say this.[/quote]
Yup, I mentioned this. He even talks about it in his book "On Writing". Btw - I highly recommend reading it. Very inspirational. Similar to reading Rodriguez's book.
J.R. Hudson
Spirit Animal
Re: OK to make a movie of a classic short story?
Its on my list! Is it only for his short stories (probally) ? As in different seasons or...... ?
Its on my list! Is it only for his short stories (probally) ? As in different seasons or...... ?
dvpixl
Veteran
Re: OK to make a movie of a classic short story?
the film im currently working on has a reference to a dead author's great works.. which i believe is owned by a company... but im going to make the film anyway and deal with it after because, we're not copying anything out of the stories but of similiar references... if anyone thinks i should not do this, say so.
the film im currently working on has a reference to a dead author's great works.. which i believe is owned by a company... but im going to make the film anyway and deal with it after because, we're not copying anything out of the stories but of similiar references... if anyone thinks i should not do this, say so.
J.R. Hudson
Spirit Animal
Re: OK to make a movie of a classic short story?
It's one thing to be 'inspired by' and another altogether to blatanly rip-off. My opinion is that you will know if you are stealing or merely being inspired.
It's one thing to be 'inspired by' and another altogether to blatanly rip-off. My opinion is that you will know if you are stealing or merely being inspired.
Re: OK to make a movie of a classic short story?
[quote author=John Hudson link=board=writing;num=1098578730;start=0#2 date=10/23/04 at 18:57:41]Barry
Do you by any chance know a resource that lists literary works considered in the public domain? Whats the best way to find out? [/quote]
Like you guys said, books are only considered public domain if they were published in the 1920's.
Here are two sites with a lot of public domain stories:
http://www.readprint.com/
http://www.bartleby.com/ (I think this site contains non-public domain as well. So check the publication date)
All the best
Fidel
[quote author=John Hudson link=board=writing;num=1098578730;start=0#2 date=10/23/04 at 18:57:41]Barry
Do you by any chance know a resource that lists literary works considered in the public domain? Whats the best way to find out? [/quote]
Like you guys said, books are only considered public domain if they were published in the 1920's.
Here are two sites with a lot of public domain stories:
http://www.readprint.com/
http://www.bartleby.com/ (I think this site contains non-public domain as well. So check the publication date)
All the best
Fidel
Jim Brennan
VHS Member Old Skool
Re: OK to make a movie of a classic short story?
Stephen King's "On Writing" is half autobiographical (through his writing experiences) and half his advice on technique. Mostly he says to read and write a lot, avoid workshops, read and write a lot, write some more, read a little bit, find some people in the industry you can trust, only show your first drafts to a few people, write some more, don't re-work yor first draft for six weeks, and read and write a lot. I started off as a fiction writer and it is the best book on writing I've ever read (and I've read scads) He writes by instinct and breaks most of the rules of writing along the way. He also says that what worked for him, may not work for you. But when you distill his method, which is to read and write a lot (in case you didn't pick that up) it seems like a pretty good idea to me.
brainkay, I'd still recommend contacting the publisher. They get calls about options all the time, they know who holds the rights, and would be happy to talk with you about it. Not that they will give you what you want, but they will be able to answer your questions. Chances are if you can get a hold of his estate, they will just direct you to the publisher anyway.
Stephen King's "On Writing" is half autobiographical (through his writing experiences) and half his advice on technique. Mostly he says to read and write a lot, avoid workshops, read and write a lot, write some more, read a little bit, find some people in the industry you can trust, only show your first drafts to a few people, write some more, don't re-work yor first draft for six weeks, and read and write a lot. I started off as a fiction writer and it is the best book on writing I've ever read (and I've read scads) He writes by instinct and breaks most of the rules of writing along the way. He also says that what worked for him, may not work for you. But when you distill his method, which is to read and write a lot (in case you didn't pick that up) it seems like a pretty good idea to me.
brainkay, I'd still recommend contacting the publisher. They get calls about options all the time, they know who holds the rights, and would be happy to talk with you about it. Not that they will give you what you want, but they will be able to answer your questions. Chances are if you can get a hold of his estate, they will just direct you to the publisher anyway.
HansK
Veteran
Re: OK to make a movie of a classic short story?
[quote author=Jim Brennan link=board=writing;num=1098578730;start=0#14 date=10/24/04 at 13:52:07]But when you distill his method, which is to read and write a lot (in case you didn't pick that up) it seems like a pretty good idea to me.[/quote]
Good summary.
I also think you can change the title of the book to "On Filming" and the wording so that applies to film makers and it would work. For example, using your comment:
"But when you distill his method, which is to watch many films and to film a lot"
It applies very well to film making. Learn and practice, learn and practice.
[quote author=Jim Brennan link=board=writing;num=1098578730;start=0#14 date=10/24/04 at 13:52:07]But when you distill his method, which is to read and write a lot (in case you didn't pick that up) it seems like a pretty good idea to me.[/quote]
Good summary.
I also think you can change the title of the book to "On Filming" and the wording so that applies to film makers and it would work. For example, using your comment:
"But when you distill his method, which is to watch many films and to film a lot"
It applies very well to film making. Learn and practice, learn and practice.
Re: OK to make a movie of a classic short story?
1. Yes, the guy's stories are most likely still copyrighted. Prior to the 1976 changes to the copyright act, the term was 28 years, renewable for another 28 years. (Since then, it's been extended to the life of the author plus 70 years.) So a rough-and-ready estimate would be that anything he wrote in the last 56 years is likely to be still protected, if the works were registered and if he renewed. IIRC, existing copyrights were extended by the revisions to the Act, so anything written within 70 years of his death that hadn't passed into the public domain by 1976 may still be protected.
2. Just because Paramount or any other copyright holder refrains from enforcing their rights against a particular infringer doesn't mean there's no infringement. There's no way of knowing how long Paramount will continue to tolerate such activity--they have enforced their rights before and no doubt will again.
3. The civil penalty for willful infringement is up to $150,000 per work infringed, and that's not mentioning the criminal penalties. Do you really want to risk that?
4. You can do a preliminary search of copyrights at the Copyright Office website, www.copyright.gov. But the advice given here is valid--if it's published after 1923, assume it's still copyrighted and contact the publisher about who owns the movie rights.
However, you can't make the movie with just an option. An option is just that--the exclusive option to buy the rights for adaptation. I suspect the purchase price for King's stories are a bit more than a buck.
What the option does is give you the right to go shop the property, look for development financing, have a script written, attach a director and talent, and so forth.
Aureliano
1. Yes, the guy's stories are most likely still copyrighted. Prior to the 1976 changes to the copyright act, the term was 28 years, renewable for another 28 years. (Since then, it's been extended to the life of the author plus 70 years.) So a rough-and-ready estimate would be that anything he wrote in the last 56 years is likely to be still protected, if the works were registered and if he renewed. IIRC, existing copyrights were extended by the revisions to the Act, so anything written within 70 years of his death that hadn't passed into the public domain by 1976 may still be protected.
2. Just because Paramount or any other copyright holder refrains from enforcing their rights against a particular infringer doesn't mean there's no infringement. There's no way of knowing how long Paramount will continue to tolerate such activity--they have enforced their rights before and no doubt will again.
3. The civil penalty for willful infringement is up to $150,000 per work infringed, and that's not mentioning the criminal penalties. Do you really want to risk that?
4. You can do a preliminary search of copyrights at the Copyright Office website, www.copyright.gov. But the advice given here is valid--if it's published after 1923, assume it's still copyrighted and contact the publisher about who owns the movie rights.
However, you can't make the movie with just an option. An option is just that--the exclusive option to buy the rights for adaptation. I suspect the purchase price for King's stories are a bit more than a buck.
What the option does is give you the right to go shop the property, look for development financing, have a script written, attach a director and talent, and so forth.Aureliano
Re: OK to make a movie of a classic short story?
John Hudson you had the same reaction I did,
I did a quick google search and found a variety of things, this was the most useful...
http://www.authorama.com/
\
John Hudson you had the same reaction I did,
I did a quick google search and found a variety of things, this was the most useful...
http://www.authorama.com/
\
J.R. Hudson
Spirit Animal
Re: OK to make a movie of a classic short story?
Nice link. Thanks!
Nice link. Thanks!