[QUESTION] - Giving credit to a movie monologue adaptation

[Inprogress]

I wasn't sure where to ask this. (Moderators please feel free to move this to a suitable category - I'm really not sure where is appropriate - Art Direction/Post Production maybe?)

Last night I finally wrote a short film script which feels good and flows well - dialogue driven, which I have been struggling with writing. Now to let it simmer a bit then polish.

HOWEVER, my question is, since I used a monologue from the movie "Insomnia" adapted it and created a little short story based around that monologue, how do I give credit to it in the opening credits? Something like this (I just formatted it for ease of reading?

Adaptation from the movie "Insomnia"​

or

Adaptation from the movie
"Insomnia"
written by
Hillary Seitz​

or the whole mouth full

Adaptation from the movie
"Insomnia"
written by
Hillary Seitz,
based on the 1997
screenplay
by
Nikolaj Frobenius
and
Erik Skjoldbjærg

​

​Thank you.
​

 

[Nuno Dias]

My guess is that you should be legally fine if you go with the third option.

But why is this in the cinematography section...?

 

[Inprogress]

I really have no idea where else to put it, apologies. Which is a more suitable category? Post-production? On second thought, I suppose post-production is probably more suitable? The words "Art Direction" threw out the category when I first tried to figure out where to put this.

 

[sonofaresiii]

If it's genuinely an adaptation, you're going to have to get the rights to it, and I believe the second would work best but at that point you can just ask the author/rightsholder what they prefer.

If it's not an actual adaptation (it's original and unique, merely inspired by an idea from Insomnia) then don't credit it at all... your material is your material, regardless of where the inspiration comes from, and crediting is only going to prove you stole it and didn't have the rights.

 

[Inprogress]

I've been re-reading it and it changing. The reason I say adaptation from a monologue in the film (one single monologue) is since I use that monologue, but I have pulled it apart, re-worded it, added to it, plus there is a whole conversation leading to part of it, then the second part follows. It is not a word-for-word copy, nor a monologue now dialogue - its changed and modified - the idea which the monologue, or rather, I started seeing a story behind the idea that was told in that single monologue. I think even that - given rights and lawyers and such, I might change it completely.

Thanks for the advice thus far. Suppose best is, just like "writing to your budget" - one should "write to get to the credit - Inspired by..."

The monologue I refer to is this one (again, its not written like this in my script, there has been added to it, some of it omitted, split up, removed some etc):

Insomnia
written by Hillary Seitz, based on the 1997 screenplay by Nikolaj Frobenius and Erik Skjoldbjærg
Walter: She called and said that she and Randy had a fight. She wanted to come over and talk…meet me at our place. That’s the cabin at the beach. She comes over, she’s distraught…a little drunk…and she starts telling me how Randy and Tania were carrying on…I only wanted to comfort her. Hold her. I kissed her...and got a little excited, and she started laughing at me. She wouldn't stop laughing. Have you ever had someone laugh at you when you’re like that, Will? I mean, when you’re really vulnerable. Laughing their ass off at you. Someone you thought respected you...have you ever had that happen, Will? I just wanted to stop her laughing, that’s all. And then you know what...I hit her. A couple of times, you know just to, you know, stop her, let her know to have a little respect. Randy did it all the time, I think she liked it when he did it- she never blamed him, she never wanted to leave him-and now I do it and she starts screaming, and she wouldn’t stop, and I...I...she’s terrified- she’s screaming her head off--I put my hand over her mouth. And by then I’m really scared. I’m scared shitless, more scared then I’ve ever been...and I’m, you know...I’m more scared then her! And then…everything was clear. There was no turning back. After that…I was calm. Real calm. You and I share a secret. We know how easy it is to kill somebody…The ultimate taboo doesn’t exist outside our minds. I didn’t murderer her...I killed her...but it just ended up that way.

 

[j1clark@ucsd.edu]

I wasn't sure where to ask this. (Moderators please feel free to move this to a suitable category - I'm really not sure where is appropriate - Art Direction/Post Production maybe?)

Most likely this should be in the 'script' section. Unless you were asking a specific question about how to do 'titling' in After Effects, or similar program... then it would be in the Post Production section.

The problem with any 'use' of copyrighted material these days, is one has to have clearance from the copyright holder, or be on concrete ground for 'fair use'... For example, Harlan Ellison is notorious for suing productions for infringements on his works, even if there is no direct derivation, but the production 'sounds like something' he wrote way back when, to the point were I don't think he writes creatively at all these days, just writes his lawyers to sue someone...

In the case of "Insomnia"(1997) and the 2002 remake, you potentially have two entities that have some form of right to the material.

If this is a personal exercise... fine... but for submissions to any form of fest or the like... these issues would have to delt with before submission.

As for attribution, if there's significant rework of the material... i'd use "inspired by..."...

 

[Inprogress]

Question answered.

Question answered.

@j1clark.

Thanks for the info. Yes I was referring to titling for the film, but not editor/VFX software specific. I rewrote the script last night, I needed to ad to it cause the beginning was to abrupt and vague. With the rewrite I wrote it all from my mind, with only the core monologue and story I created as a reference - in other words it is heavily reworked - I specifically avoided sentences that reminded me of the monologue - I stand by it now as "Inspired by". I will however still include the whole she-bang in the title referring to both the 2002 remake and the original screenplay, only it will now say "Inspired by..." As for submission, I wouldn't mind submitting it if it turns out the way I envision it, the thought did cross my mind yesterday and I was looking at some festivals, I'll have to do some research as to which I can submit to. I also saw that many have conditions I haven't quite wrapped my head around like may not have been shown publically and then others not within this year or what not, HOWEVER that is only an option once the film is done.

Thanks for the advice from all, much appreciated, I am happier now that it is merely inspired by a monologue in the screenplay Insomnia, not so much for the elimination of legal stuff, but cause, like sonofareasiii said, my work, my material.